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ARTICLE · 15 APRIL 2025

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400 EUR/per Person For Data Transfers To The USA?

Do data transfers to the USA have a price tag of 400 EUR/per person since the latest EC ruling? The good news is first of all: No, not automatically.

GermanyPrivacy

Do data transfers to the USA have a price tag of 400 EUR/per person since the latest EC ruling? The good news is first of all: No, not automatically. The facts of the judgment of the European Court of First Instance of January 8, 2025 (T-354/22) take place in 2021 and 2022, during which time there was greater legal uncertainty regarding data transfers to the USA due to the overturned EU-US Privacy Shield. Since July 10, 2023, there has been a new adequacy decision for the USA in the form of the EU-US Privacy Framework. Meta, Amazon, Microsoft and the other major providers are now all certified under this new framework.

The facts of the case were as follows: In the lawsuit, a citizen resident in Germany took action against the EU Commission and claimed damages for the fact that his IP address was transmitted to the Facebook company in the USA (Meta Platforms, Inc.). He had visited the website of the Conference on the Future of Europe (a website of the EU Commission)

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