One of the most important data protection related news this summer is the European Court of Justice's judgment in Schrems II case published on 16th of July (Case C-311/18, Data Protection Commissioner v Facebook Ireland Ltd, and Maximillian Schrems).
The judgment contains the following main findings:
- the Privacy Shield Decision (i.e. Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield) is invalid;
- Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established in third countries (i.e. Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council) is valid. However, the Court specifies that the assessment of that level of protection must take into consideration both the contractual clauses agreed between the data exporter established in the EU and the recipient of the transfer established in the third country concerned and, as regards any access by the public authorities of that third country to the data transferred, the relevant aspects of the legal system of that third country.