Schrems vs. Facebook: ECJ overturns data protection agreement between EU and USA

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Luxembourg, Vienna, Menlo Park – The European Court of Justice (CJEU) overturned the data protection agreement “Privacy Shield” between the EU and the USA that was concluded in 2016. The transfer of personal data, for example via Facebook, did not meet the requirements of Union law the ECJ in its judgment.

The background to this is a legal dispute (C-311/18) between the Austrian data protection activist Max Schrems and Facebook Ireland, the company’s European headquarters. Schrems contested that Facebook, in its U.S. headquarters, is required to make data available to U.S. agencies such as the NSA and the FBI – without legal action being taken against those affected. He therefore demands that data transmission between Facebook Ireland and Facebook Inc. in the USA be stopped.

On the basis of so-called standard contract clauses (SSC), user data of EU citizens can still be transferred to the USA and other countries, judged the Luxembourg judges. (WHAT, dpa)

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