The Schrems II Judgment and Its Consequences

2021Murat Volkan Dülger, Gülçin GümüşArticle

Abstract

This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.

One of the eagerly awaited developments in the field of personal data protection was the judgment to be delivered in the Schrems II case. The European Court of Justice had announced through its official Twitter account that the judgment in C-311/18 – Facebook Ireland and Schrems would be delivered on 16 July. The judgment was delivered on that date, and the debate on the transfer of personal data between countries flared up again. This judgment, known as Schrems II, is of great importance, particularly on the question whether standard contractual clauses are a valid method for data transfers to be carried out under the European Union General Data Protection Regulation (“GDPR”). At the same time, the adequacy and validity of the level of protection provided by the Privacy Shield Decision between the European Union and the United States of America are also called into question. These examinations were carried out in line with the provisions of the GDPR and of the Charter of Fundamental Rights of the European Union (the “Charter”).