Private Law Theory

“The United States and the European Union are the world’s ‘largest net exporters of digitally-enabled services’. Transatlantic data flows between the two account for approximately half of the United States’ data transfers and more than half of the European Union’s. Since 2016, the EU-US Privacy Shield has facilitated these transfers by establishing data privacy safeguards and protections for EU data subjects. Recently, in Data Protection Commissioner v Facebook Ireland Ltd (Schrems II), the Court of Justice of the European Union (CJEU) invalidated the EU-US Privacy Shield, finding that US surveillance laws do not afford EU data subjects adequate levels of protection under the European Union’s Charter of Fundamental Rights (the ‘Charter’) and General Data Protection Regulation (GDPR) …” (more)

‘Data Protection Commissioner v Facebook Ireland Ltd’ 134 Harvard Law Review 1567 (February 10, 2021).

First posted 2021-02-10 14:40:53