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EU General Court Upholds 2023 EUU.S. Data Transfer Framework

Judges grounded the decision in U.S. redress via the Data Protection Review Court, which they deemed sufficiently independent to satisfy EU adequacy standards.

Overview

  • The General Court in Luxembourg dismissed French lawmaker Philippe Latombe’s bid to annul the European Commission’s 2023 adequacy decision in case T-553/23.
  • Judges cited ex post oversight of U.S. signals intelligence by the Data Protection Review Court and said safeguards support the body’s independence.
  • The ruling delivers legal certainty for thousands of companies that move personal data across the Atlantic for uses such as payroll and cloud services.
  • Latombe can appeal on points of law to the Court of Justice of the EU, and privacy advocate Max Schrems voiced continuing concerns about the pact.
  • The court noted the Commission must monitor U.S. legal changes and can suspend, amend or repeal the framework if protections no longer align with EU requirements.