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Data: 30/11/2015
#EU Law in focus – transfer of personal data
In October 2015 the Court of Justice of the European Union declared the Commission's US Safe Harbour Decision to be invalid. In Case C-362/14 (Schrems) the Court ruled that the laws and practice in the United States do not offer sufficient protection against surveillance of the data transferred to the US. As such, the Safe Harbour agreement can no longer serve as the legal basis for any data transfers between the US and the EU, which left space for further action in finding a new agreement. Earlier this month the European Commission issued guidance on transatlantic data transfers with the aim of establishing a new framework of cooperation based on the fundamental right to data protection, underlined in the Schrems case.
Further reading and key documents:
• Case C-362/14: Judgment of the Court (Grand Chamber) of 6 October 2015 (Maximillian Schrems v Data Protection Commissioner)
• Commission Communication on the Transfer of Personal Data from the EU to the United States of America under Directive 95/46/EC following the Judgment by the Court of Justice in Case C-362/14 (Schrems)
• Commission's US Safe Harbour Decision
• Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data
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