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Data Transfers: Data Transfers Through Facebook Will Soon Be Legal Again - Economics

Data Transfers: Data Transfers Through Facebook Will Soon Be Legal Again – Economics

The EU Commission is working to remove major legal uncertainties for data processors in the USA and Europe. With the publication of a draft of the so-called adequacy of intercontinental data transfers ruling on Tuesday, companies will once again be allowed to send data back and forth between the United States and Germany without major restrictions.

The background is a decision of the European Court of Justice (ECJ). In the so-called “Schrems II” ruling in 2020, it determined that such transfer of data is illegal because the US allows its secret services to spy on data received from EU citizens largely without reason. Companies that still wanted to send data had to use complex standard contractual clauses to do so.

For companies, especially big data collectors and users like the Facebook and Instagram platforms, that belong to the meta group, the ruling has been a serious problem – so serious that they have declared To stop shows in EuropeUnless something happens soon.

Something happened now. US President Joe Biden decreed in October that the data of EU citizens must be protected at least a little better in the future. The EU Commission is now using this concession to restore the old status quo through a kind of decree. The European data protection oversight authority has yet to comment on the draft published today, followed by member states. However, critics, such as NOYB run by Austrian data protection officer Max Schrems, assume that the EU Commission’s decision will come into force in the spring of 2023.

Admittedly, this regulation will end up before the European Court of Justice once again. news site Politician According to Justice Commissioner Didier Reynders, he appreciates the new opportunities “Privacy Shield“You may stay this time, to 70 to 80 percent. On the other hand, NOYB data protection officials are of the opinion that the new decree issued by US President Joe Biden does not eliminate the fundamental problem of access to data by secret services. So they assume that EU citizens will only have temporary legal certainty again – until the next ruling by an EU court.