"SCHREMS II refers to a ruling by the Court of Justice of the European Union (CJEU) in July 2020 that invalidated the EU-US Privacy Shield agreement, which allowed companies to transfer personal data between the EU and the US. The court found that the Privacy Shield did not provide adequate protection for European citizens' data in light of US surveillance practices. This decision has significant implications for businesses that rely on transferring data between the EU and the US, as they now need to find alternative legal mechanisms to ensure compliance with EU data protection laws.
In addition to invalidating the Privacy Shield, the SCHREMS II ruling also placed stricter requirements on the use of Standard Contractual Clauses (SCCs) for data transfers outside the EU. Companies must now assess the level of data protection in the recipient country and, if necessary, implement additional safeguards to ensure that the data is adequately protected. Failure to comply with these requirements could result in fines and other penalties under the EU General Data Protection Regulation (GDPR). Overall, SCHREMS II has heightened the importance of data protection and privacy for businesses operating in the EU and has forced them to reassess their data transfer practices."
A multinational company based in the United States collects personal data from European customers for marketing purposes. Under the SCHREMS II ruling, the company would need to ensure that the transfer of this data to the US is compliant with EU data protection laws, such as obtaining explicit consent from the individuals, implementing appropriate safeguards for data protection, and conducting regular assessments of data transfers. Failure to comply with SCHREMS II could result in hefty fines and legal consequences for the company.
What’s involved with SCHREMS II compliance?
"1. Questionnaire Generation: Automatically generate tailored questionnaires based on factors such as industry, compliance requirements, and the specific needs of the organization. For example, generating a questionnaire specifically designed to assess data transfer practices in light of SCHREMS II requirements.
2. Distribution: Automatically distribute questionnaires to relevant stakeholders, including employees, vendors, and partners, via email or through integrated platforms. For example, sending out questionnaires to all third-party vendors to assess their data transfer practices.
3. Reminder and Follow-up: Send automated reminders to participants who have not completed or submitted their security questionnaires within a specified timeframe. For example, sending reminders to employees who have not completed the questionnaire on data transfer compliance.
4. Scoring and Analysis: Utilize AI algorithms to analyze responses, score questionnaire submissions, identify potential risks or gaps, and generate reports highlighting areas that need attention. For example, using AI to identify high-risk data transfer practices and prioritize remediation efforts.
5. Reporting and Documentation: Automatically generate comprehensive reports summarizing questionnaire results, highlighting key findings, and providing recommendations for improvement. For example, generating a report on data transfer compliance status and outlining steps to enhance compliance with SCHREMS II requirements."
What to look for in a SCHREMS II compliance tool
"Look for software that automates repetitive tasks, such as generating questionnaires, distributing them, collecting responses, and sending reminders. This reduces manual effort and speeds up the process.
Software with AI capabilities can recommend answers from a well-maintained content library, validate responses, and analyze risks or gaps. This ensures accuracy and streamlines the review process.
Acquire tools that empower field teams to proactively share up-to-date security and compliance information via profiles or trust centers.
Integration with your existing tech stack, including CRMs, cloud storage, Microsoft Office, and collaboration tools like Slack or Teams.
A centralized content library or knowledge base that stores accurate, reusable answers helps streamline responses and ensures consistency in addressing compliance requirements.
Opt for software that supports team collaboration with features like task assignments, workload visibility, in-app comments, and e-signature collection. This ensures everyone stays aligned and projects move smoothly.
Detailed reports highlighting key findings, compliance status, and areas for improvement. An audit trail is also essential for regulatory compliance and internal tracking."
Case studies
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A lot of the tasks above can be automated with the right software. See how Responsive brings your teams and content together to produce standout responses that seal deals with speed.