On the Schrems-II decision
Earlier today, the Grand Chamber of the Court of Justice of the European Union delivered the verdict in the case Data Protection Commissioner v. Facebook Ireland Ltd and Maximilian Schrems, more commonly known as the Schrems-II decision. In short, the Court ruled that the system of Standard Contractual Clauses, allowing for data transfers from the European Union to third countries, is valid. In turn, it decided that the Privacy Shield is to be invalidated. In this blog, we’ll take a look at the two main elements of the case and look ahead at what’s next.
What is the case about?
The court case is part of a long-running battle in various European courts between the Austrian privacy advocate, Maximilian Schrems, and U.S. tech giant Facebook. It goes back to 2015, when Mr. Schrems also stood before the CJEU in a case dealing with the validity of the EU-U.S. Safe Harbor Agreement (allowing for the transfer of personal data from the EU to the U.S. under specific conditions). The Court at the time decided to nullify Safe Harbor, since ..
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