Decision of the Court of Justice of the European Union invalidates the Privacy Shield


Decision of the Court of Justice of the European Union invalidates the Privacy Shield


On July 16, the Court of Justice of the European Union deemed as invalid the international data transfer mechanism called privacy shield between the European Union and the United States, on the grounds of insufficient minimum guarantees for data processing by the USA, including excessive surveillance in US jurisdiction. 

Such decision represents a huge impact within the economy between Europe and the United States, mainly to Facebook Ireland Ltda., plaintiff of the present judgment No. C 311/18, in which it loses the legal basis to share data with the European Union. It is important to consider that such decision does not create a legal vacuum, since the GDPR (General Data Protection Regulation) continues to apply, making it possible to rely on the consent of the data subjects as a legal basis for the lawful maintenance of the flow of personal data between countries. 

Learn more at: press release

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