Green Light For EU-US Transfers? Adequacy Decision For USA Is In Sight

On 26 June 2023, Meta Platforms Ireland Limited (Meta), the owner of Facebook, appealed a recent decision of the Data Protection Commission of Ireland (DPC) in the Irish High Court.

While not central to the appeal, submissions made to the High Court indicate that certainty for EU-US data transfers may come by mid-July 2023 when the European Commission is expected to determine "US adequacy" under the EU-US Data Privacy Framework (DPF).

Background

On 22 May 2023, the DPC issued a decision against Meta. The DPC's decision had three parts:

1. An administrative fine of €1.2 billion (as directed by the European Data Protection Board (EDPB));
2. An order for Meta to suspend all transfers of European-based Facebook user data from Europe to the US to take effect 12 weeks after the period of appeals was allowed; and