The exchange of data of European citizens between the twenty-seven and the United States does not offer enough certainties about the protection of privacy. This was stated in a ruling by the European Court of Justice, which invalidates the executive decree of the European Commission on the matter.
There is an agreement between Washington and Brussels to protect the right to privacy, but for the EU high court, this does not offer enough guarantees.
It is the victory of the Austrian activist Max Schrems who had fought against Facebook, suspected of filtering sensitive user data to US security agencies, especially the National Security Agency.
Schrems says: «you cannot simply transfer data where there is no surveillance and where protection for Europeans is lacking. This is good news for the average user »
The reason for the verdict of the High Court of the European Union is that the data protection criteria that we have in Europe are not sufficiently protected once sent overseas; despite the current mechanism called the “shield of the right to privacy”.
At this point, the entire agreement between the United States and the European Union on the exchange of information for security reasons could be skipped
The Commission is preparing to study the case thoroughly and to adapt its legislative arsenal:
Vera Jourova, European Commissioner for Transparency, comments:
«This verdict provides us with further guidelines and we will ensure that we adopt the appropriate tools»
Good news for digital small businesses specializing in data transfer. The highest request of the European Union has confirmed the complete adherence to the legislation of the legal mechanism of data transfer, known as Scc, standard contractual clauses.