US Data Transfers – increased uncertainty about the EU-US Privacy Shield

6 December, 2016

As widely predicted, the EU-US Privacy Shield, approved by the EU in July this year as a method of transferring personal data from the EU to the UK which offered adequate protection, and so was compliant with EU Data Protection laws, has now been formally challenged in the courts.

We may have to wait up to a year before we get a ruling on the case, brought by Digital Rights Ireland (DRI), although there is a possibility that it could be thrown out by the EU General Court at a preliminary stage if they rule that DRI does not have sufficient interest to bring the case.

So the position is as unsatisfactory as ever, and particularly given the other supposedly compliant method of data transfers, in the form of the contractual model clauses, is also subject to legal challenge.

For more information on data transfers to the US, please see here or please contact Elliot Fry on Elliot.fry@crippspg.co.uk or +44 (0)1732 224 034.