Not everything makes waves like GDPR did. I remember it vividly â the doomsday prophets were everywhere. Every other LinkedIn post was written by a âGDPR consultantâ ready to solve every imaginable issue, while the evening papers screamed:
âIs your company at risk of BILLION-DOLLAR FINES?â
Then it all faded. In the aftermath came Schrems I and Schrems II, which slipped by relatively quietly â at least compared to GDPR. We were all probably too busy with Clubhouse or the next big thing.
With that said, letâs shine some light on the story of Maximilian Schrems.
What is Schrems II?
Schrems II refers to a set of data regulations officially known as C-311/18 (a ruling from the Court of Justice of the European Union) and named after Austrian activist and lawyer Maximilian Schrems.
Itâs the classic David vs. Goliath tale â with Facebook as Goliath.
Simply put, Facebookâs business model depends on advertising revenue fueled by user data collection.
For over a decade, Maximilian (David) fought Facebook and the Irish Data Protection Commission (IDPC), arguing that Facebookâs Irish branch had no legal right to transfer his personal data to the U.S., where mass surveillance by the NSA directly violated EU data protection laws.
Fast-forward, and the case reached the Court of Justice of the European Union (CJEU) â which ruled in Schremsâ favor (!!!).
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The agreement that allowed U.S. companies to transfer EU data, Safe Harbour, was declared invalid â that was Schrems I.
In 2016, Safe Harbour was replaced by Privacy Shield (gotta love those patriotic names). It was meant to safeguard EU citizensâ privacy when transferring data to the U.S.
But Schrems wasnât convinced â he saw Privacy Shield as the devil in disguise.
Why? Because U.S. companies only needed to self-certify compliance with Privacy Shield by informing the Department of Commerce â hardly reassuring.
Unsurprisingly, Schrems challenged it again, and the CJEU sided with him again.
Enter Schrems II, which made it illegal to transfer personal data from the EU to the U.S. unless another valid legal basis under GDPR exists.
If you know GDPR, you know third-country transfers are⊠strict.
What does Schrems II mean in practice?
In short: If there isnât a solid legal basis for transferring personal data to the U.S., itâs illegal â and the consequences are huge.
For many companies, Schrems II came seemingly out of nowhere, like a bolt from the blue. But this has been brewing for years, drawing attention from regulators, governments, and the EU itself.
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The issue now is that many companies are stuck in limbo. The tools and services they rely on may suddenly be non-compliant â and their hefty investments could become even costlier.
Messy, to say the least.
Warning bells are ringing
This year, the City of Stockholm announced it was halting its use of Microsoft 365 and other cloud services, calling the situation âproblematic.â They even urged schools to look for alternatives.
In 2021, agencies like the Swedish Tax Agency and Enforcement Authority stopped using Skype and Microsoft Teams due to U.S. surveillance laws.
Personally, Iâm glad to see Swedish authorities putting pressure on global tech giants. It shines a light on local alternatives â like us, and other Swedish providers.
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What can you do?
I see three options:
1. Accept reality and switch providers
Choose vendors that meet GDPR and Schrems II requirements. There are plenty of Swedish and European services that are just as good â if not better â than their American counterparts.
2. Ignore it and hope it goes away
Or as poet Thomas Gray wrote in Ode on a Distant Prospect of Eton College: âIgnorance is bliss.â
3. The âWeâre too small for them to careâ approach
Keep using non-compliant tools, strengthen Big Techâs position, and undermine local alternatives.
Tips from the coach
- Audit all the services you use
- Check your providersâ data policies
- Explore compliant alternatives
- Bonus tip: Talk to peers in your industry â many are in the same boat
- Switch providers if needed â youâll sleep better at night
When looking for new services, start close to home. Swedish and European options are often just as good, if not better, than the American ones.
What about lynes and Schrems II?
Weâre a Swedish company â founded, owned, and operated here. We love coffee and fika (especially princess cake). Youâre welcome to join us for a cup â just bring the cake!
Since the Schrems II ruling, weâve seen growing awareness among our customers â from the occasional question to several inquiries a week about how we handle data.
And thatâs great! The more companies that understand this, the better.
By switching providers, businesses collectively push global giants to evolve â or fade away.
Weâre often compared to Microsoft Teams, and recently the City of Stockholm stopped using Microsoftâs services altogether. The comparison isnât entirely fair, though â our platforms differ quite a bit.
Hereâs how:
- We donât lock you into one software suite. lynes integrates with several ecosystems, carriers, and operating systems.
- We work seamlessly with Office 365 and Google Calendar
- Compatible with major Swedish telecom operators
- Runs on Windows, Mac, iOS, Android, web, and Linux
- And yes â we store all our data securely in Sweden
You can read more about the differences between us and Microsoft Teams [here].
To get started, just pick your operator and suite â and youâre good to go. No lock-in, no hassle.
I truly hope more organizations follow in the footsteps of Swedenâs public agencies and start choosing tools based on security and functionality â not just whatâs bundled âfor freeâ in an Office suite.
Get in touch â letâs talk princess cake, Schrems II, and lynes.