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On 19 August 2021, the Council of State ruled that encryption is a valid supplementary measure to transfer data to the US when adequate technical and organizational measures are implemented. On 10 August 2021, a Dutch company had challenged the decision of the Flemish Region to grant a tender to an EU company (Viavan) that relies on the cloud services of Amazon Web Service (AWS). The company contested that such a decision violated the Schrems II decision because Viavan relies on AWS services while lacking a valid mechanism to transfer Belgian data from the EU to the US. In the ruling, the challenge against Viavan is dismissed because the plaintiff did not offer enough proof of a breach of GDPR Articles 28 (data processor not providing sufficient guarantees) and 32 (lack of technical and organisational measures for the security of processing).
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