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ARTICLE · 25 OCTOBER 2020

Schrems II: Time To Re-Assess Overseas Data Transfers

Rollits LLP
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Maximillian Schrems was a Facebook user who raised a complaint concerning the transfer of his personal data by Facebook Ireland to Facebook Inc. in the United States.

GlobalPrivacy
David White
David White

Who, or what, is Schrems II?

Maximillian Schrems was a Facebook user who raised a complaint concerning the transfer of his personal data by Facebook Ireland to Facebook Inc. in the United States. His argument was that the Safe Harbour arrangement, which at that time could be applied to certain data transfers between the EU and the US, did not ensure adequate protection for personal data, as required under EU law.

The Court of Justice of the European Union (CJEU) agreed with Mr Schrems and invalidated the Decision of the European Commission, which had previously determined that the US Safe Harbor framework did ensure adequate protection in relation to data transfers from the EU to members of the US Safe Harbor framework.

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