22/12/2021

noyb

Facebook ignores CJEU in internal assessment of EU-US data transfers

In its fourth and final Advent Reading before Christmas, noyb revealed Facebook believes its data transfers between the EU and the US to be legal and sufficiently protected despite opposing views from the Court of Justice of the European Union. As Max Schrems said, "Facebook fully ignores the Court of Justice, despite two explicit rulings." Internal documents from Facebook said that "relevant US law and practice provides protection of personal data that is essentially equivalent to the level of protection required by EU law." Facebook's lawyers argue that data protection assessments made for transfers using the new EU standard contractual clauses are different than transfers using the EU-US Privacy Shield, which the CJEU ruled invalid July 2020. 

Additional deeper dive information than what is summarised in the 4th Advent Reading covers the four elements of Facebook's "Transfer Impact Assessment."

Both Politico and TechCrunch have published articles on the topic. 

Catch up on the previous Advent Readings:

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