On September 16, 2016, Digital Rights Ireland (“DRI”), a digital rights advocacy group, lodged an action with the EU General Court for annulment of the European Commission’s Decision on the EU-U.S. Privacy Shield arrangement. While the existence of the application has only recently become public knowledge, it was widely-expected that the Privacy Shield would face a legal challenge. It is also unsurprising that DRI have brought the action (given its objections to the Privacy Shield before it was agreed and its intervention in the Safe Harbor case).
The Privacy Shield was agreed earlier this year, replacing the Safe Harbor framework that was invalidated by the Court of Justice of the EU (“CJEU”) in Schrems. The Privacy Shield provides a legal basis for transfers of personal data from the European Economic Area to Privacy Shield-certified companies in the U.S. To date, over 600 companies have certified to the Privacy Shield. The Privacy Shield contains a much more robust set of commitments than those underpinning the Safe Harbor and will provide stronger protections to data subjects in the EU than its predecessor.
Continue Reading Challenge to EU-U.S. Privacy Shield Lands at EU Court