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CJEU declares EU-US Safe Harbor decision invalid: summary and implications


Europe’s highest court, the Court of Justice of the European Union, has handed down its landmark ruling in the case known as Schrems v Facebook.

The decision declares that the current self-certification regime that permits transfers of personal data from the EU to companies in the US, the so-called Safe Harbor Agreement, is invalid.

It also confirms that individuals have the right to challenge European Commission decisions relating to data transfer schemes through their national information regulator. This Nabarro briefing summarises the judgment and sets out the implications of the decision.


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