US Supreme Court Just Blew Up EU-US Data Transfers
A recent US Supreme Court ruling regarding the independence of the FTC has created legal uncertainty for EU-US data transfer agreements. Privacy advocates are calling for the European Commission to suspend the current data adequacy framework.
Why it matters
This ruling threatens the legal basis for transatlantic data flows, potentially impacting thousands of companies that rely on the EU-US Data Privacy Framework.
On Monday, the US Supreme Court decided in Trump v. Slaughter that the US Federal Trade Commission (“FTC”) may not be independent anymore. Since 2000 the EU has relied on the “independent” FTC as the enforcer of EU-US deals on personal data. According to EU treaty law such oversight must be independent. In the current EU-US deal, the European Commission relies on the independent FTC 259 (!) times. Max Schrems: “ Given that there are no independent authorities in the US anymore, we call on the European Commission to orderly withdraw the adequacy decision on the US .”
The framing emphasizes the 'blowing up' of agreements and highlights the perspective of privacy advocates like Max Schrems.
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