Journal №1 (2024)
Transfer of Personal Data to Third Countries - "Safe Harbour", "EU-US Privacy Shield" and "Trans-Atlantic Data Privacy Framework"
∘ Norbert Bernsdorff ∘

The new „Trans-Atlantic Data Privacy Shield Framework“-Agreement is the successor of the „EU-US Privacy Shield“-Agreement. The European Commission’s adequacy decision, which was based on the latter, was declared invalid bei the Court of Justice of the European Union in July 2020 in the sensational „Schrems II“ judgement. Prior to this, the judges in Luxembourg had already criticised the adequacy decision, which was based on the predecessor agreement known as „Safe Harbour“- Agreement. The reason in both cases was the far-reaching surveillance and intervention powers of the US security authorities with regard to the personal data of citizens of the European Union. These two judgements meant that, according to the Court of Justice, the level of data protection in the USA was not equivalent to that in the European Union.

See in detail: 

 

---