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From K&L Gates

In Germany, the transfer of employees’ personal data to U.S. group companies had already been a highly problematic and recurring issue in the past. After the ECJ’s decision, the magnitude of this issue has significantly increased.

Transfer of personal data from Germany to the United States must comply with these regulations:

  • general provisions for handling personal data under German data privacy law, and
  • legal provisions for a cross-border transfer to a country outside the EU/EEA.

Both requirements can constitute high legal hurdles and may often disrupt or complicate the common approach of seamlessly integrated and efficiently operating multinational corporations.

 

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