Is The Privacy Shield Bulletproof?

Less than 3 months after the commencement of the EU-US Privacy Shield, two challenges have been lodged with the EU courts. One of the challenges has been submitted by the Irish privacy advocacy group, Digital Rights Ireland. Separately, a French trio, comprising privacy advocacy group, La Quadrature du Net; non-profit ISP, French Data Network; and its Federation FDN industry association, has also collectively submitted a challenge. The groups claim that the Privacy Shield doesn't go far enough to protect the personal data of EU data subjects when it is transferred to the US.

Both groups have made their challenges on the basis of a specific process which is available for two months after an EU law is introduced. These challenges, however, must be made by individuals or organisations who are "directly concerned" with the EU law. We examine these challenges and what they mean for the Privacy Shield.