The Court of Justice invalidates adequacy Decision 2016/1250 – Data Protection Shield

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Today we read the press release about the decision of the Court of Justice on the Case C-311/18 by which it has been invalided the Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield.

That decision is complex, and it needs to be examined carefully, point by point.

Transfers of personal data to third countries or international organisations are a very crucial topic that has to be addressed soon by the European Commission both for a new adequacy decision and anyway for new standard contractual clauses.

Times changed.

Furthermore, the current standard contractual clauses should be revised because they are no longer suitable for our time.

I had the opportunity to provide first comments the Case C-311/18 (Data Protection Commissioner v Facebook Ireland and Maximillian Schrems) since 2018 when I had my lectures on “transfers of personal data to third countries or international organisations” in a course for Data Protection Officer organised by the Consiglio Nazionale Forense (Italian National Bar Association). I also had the same opportunity to propose my point of view again even on several other occasions (recently also in my last book which will be soon available in a new edition in Italian and English).

Notably, the discussion was even more very interesting after having read the content of the reference for a preliminary ruling from the High Court and the Opinion of the Advocate General (request for a preliminary ruling from the High Court).

In those documents there several relevant points to deepen.

People who participated in that course, probably, will remember my forecast about a possible decision by which the Court of Justice would have invalidated the Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield and consequently the standard contractual clauses into force or the needing to revise them.

Currently, the Court of Justice invalidates only the adequacy Decision 2016/1250 – Data Protection Shield, but we hope to read about new standard contractual clauses.

That’s happened.

Hopefully, we wait for good news soon.

About the author

Nicola Fabiano

Nicola Fabiano, Avvocato cassazionista, Specialista in Diritto Civile, si occupa di protezione dei dati personali, privacy, cybersecurity, IoT, blockchain, innovazione.
Nicola Fabiano is an Italian Lawyer, entitled to represent clients before the Italian High Courts, Civil Law Specialist, and he deals with Data Protection, Privacy, IoT, Blockchain, Cyber Security, innovation.

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