More and more emphasis is landing on encryption as a technical solution to comply with privacy laws like GDPR within the limitations of Schrems II, a lawsuit that makes it difficult for U.S. companies to hold EU personal data.
But there's a lot of confusion floating around about what encryption patterns are actually Schrems II compliant — and most aren't. In a Forbes article, The Rise of Encryption in a Schrems II World, I outline two encryption approaches that do satisfy the Schrems II requirements.
The Goal of Encryption
If you're going to choose encryption as a technical solution to Schrems II, you have to ensure that access to EU citizen data is protected by due process that meets EU privacy standards. One way to achieve this is to make U.S. government agencies work with their counterparts in the EU to get access to EU citizen data. There are two encryption patterns that, when done right, accomplish these goals.