In a surprise decision, the EU's highest court has invalidated a data-transfer mechanism between Europe and the U.S. used by thousands of companies.
Citing surveillance concerns, European Union judges have struck down the main mechanism for transferring data between the EU and the U.S., delivering a blow to tech giants such as Facebook, financial institutions and thousands of other companies that rely on such transfers.
In a statement Thursday, the judges expressed their concern that data transferred via a process called the Privacy Shield certification “are not limited to what is strictly necessary” when it comes toThe European Court of Justice, the EU’s highest court, said that “the limitations on the protection of personal data arising from the domestic law of the United States on the access and use by U.S. public authorities ...
The ruling is a major blow to thousands of corporations — including social media companies but also banks, law firms, conglomerates and carmakers — that transfer troves of data between the U.S. and Europe.But while the court found the mechanisms to be illegal it also said that so-called standard contractual clauses, or SCCs, are valid for transferring personal information from the EU to a third country, so long as the country “ensures an adequate level of data protection.
Thomas Boue, director-general of Europe, Middle East and Africa policy at the Business Software Alliance, which represents companies including Microsoft, Oracle and IBM, said: “We are relieved that SCCs remain valid, which is a positive outcome. But today’s Privacy Shield decision just removed from the table one of the few, and most trusted, ways to transfer data across the Atlantic.”
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