Duff & Phelps’ Statement on European Court of Justice’s July 16, 2020 Decision (Schrems II) and Impact to Data Transfers

Duff & Phelps is committed to complying with data protection laws and protecting client data that is entrusted to us. As part of that commitment, we understand the need to ensure that transfers of personal data from the European Union (EU) to the U.S. and other jurisdictions can comply with EU data protection laws.

Duff & Phelps conducts data transfers pursuant to the EU Standard Contractual Clauses (SCC’s) and the EU-U.S. Privacy Shield framework. On July 16, 2020, the Court of Justice for the European Union issued a ruling which confirmed the validity of the European Commission’s SCC’s as a legal mechanism for the transfer of EU personal data but invalidated the EU-U.S. Privacy Shield framework. This means that companies may no longer rely on the EU-U.S. Privacy Shield framework to transfer EU personal data to the U.S.

If you are a Duff & Phelps client, you can continue to use our services in compliance with EU data protection laws, as Duff & Phelps has adopted the SCC’s for transfers between our group companies. We will continue to evaluate the details of the Court’s ruling and continue to use SCC’s in compliance with the ruling and further guidance or instructions from EU data protection authorities. To that end, we will continue to assess whether the SCC’s in practice provide a level of protection that is essentially equivalent to the one guaranteed by the GDPR, taking into consideration the circumstances of the transfer and the legal regime applicable in the importer’s country.

Upon request from our clients, where we have not done so already, we will enter into the SCC’s with our clients, to ensure that transfers of personal data from the EU to the U.S. can proceed in compliance with European data protection laws and the Court’s ruling.

If you would like to enter into SCC’s with Duff & Phelps:

1. Download the Standard Contractual Clauses for Duff & Phelps

2. Submit the completed and signed SCC’s to Duff & Phelps via email to:

[email protected]

Please contact the Duff & Phelps Privacy Office with questions:

Privacy Office: [email protected]

EU Data Protection Officer: Daniela Mosca