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One to watch - GDPR and Brexit

Austrian privacy activist Max Schrems may be a familiar name - his actions in the courts brought down the EU’s Safe Harbour data regime in 2015 - and has been taking Facebook and others to task for years over the exporting of data from Europe for processing in the US.

His latest efforts have been in an attempt to show that the so-called “Privacy Shield” arrangement for EU-U.S. data transfers is merely an update to the previous system and remains unlawful.

At the end of December, Henrik Saugmandsgaard Oe, the advocate general to the Court of Justice of the European Union (CJEU) published his advice to the CJEU finding that the “standard contractual clauses for the transfer of personal data to processors established in third countries is valid”

Whilst this is non-binding opinion and not a ruling as such, opinions from the advocate general to the CJEU are typically followed in the majority of cases. The CJEU will rule on the case in the coming months.

This is one to watch as the UK will assume the same status in relation to the EU as the US, namely a third country, once Brexit takes place. Unless we can negotiate a different position, any data that travels from the EU to the UK will be governed by this case.

Posted on 8 January, 2020 by Ortolan

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