2020 22.09

The CJEU overturned the "Safe Harbour" system on 6 October 2015, allowing data transfers between the European Union and the United States, in the famous "Schrems I" case. Following this ruling, Facebook Ireland continued to transfer data to US servers, but on the basis of standard contractual clauses under Commission Decision 2010/87. Schrems proceeded with this "battle" for the protection of personal data through a second request to the Irish Privacy Authority. The request from the well-known Austrian lawyer was aimed at stopping and prohibiting any transfer of data to the US because, according to the petitioner, North American data protection legislation would not provide sufficient protection for European citizens. The Irish Privacy Authority, therefore, had to determine the validity of Decision 2010/87, bringing the matter before the High Court. In the meantime, the Commission Decision 2016/1250 intervened, establishing the adequacy of the data transfer system between the European Union and the United States known as the "Privacy Shield".

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