Schrems II case: EU to U.S. transfers of personal data challenged

For an outlook of the latest development as at July 2023 in relation to transfers to the US, please read our article about the New EU adequacy decision allowing personal data transfers to US self-certified entities!

Following Schrems I case (C-362/14 of 6 October 2015), which invalidated the Safe Harbour Privacy Principles, another legal action filed by Max Schrems challenges the EU to U.S. personal data transfers made by Facebook on the basis of the Standard Contractual Clauses approved by the European Commission (the “SCCs”). According to Mr. Schrems, such transfers infringe the EU data protection law as they allow U.S. authorities to access his personal data. On 19 December 2019, the Advocate General observed that the SCCs used by controllers to transfer personal data to processors established in third countries were themselves valid under the EU data protection law.

For more information on the procedure and/or the Opinion of the Advocate General, please have a look at our article here. 

Elvinger Hoss Prussen will of course inform you of the outcome of the decision of the CJEU

For more information information, please read

• Data Protection - Consequences of a no-deal Brexit on personal data transfers to the UK
• EDPB published standard clauses for (sub-)processing activity