November 22, 2022 | less than a minute read

EU-U.S. Data Privacy Framework Touted - Max Schrems already plans a challenge

Get in touch

Steve Millendorf

Partner

Get in touch

Steve Millendorf

Partner

While government officials from the EU and the U.S. praise the proposed EU-U.S. Data Privacy Framework in light of President Biden's executive order addressing surveillance activities and redress mechanisms, Max Schrems is already planning on trying to disrupt data flows from the EU to the U.S. once again by mounting a challenge (Schrems III) - this time, through seeking injunctive relief to try to get the CJEU to fast track it. While companies on both sides of the Atlantic seek certainty on the lawful transfer of personal data, they are unlikely to get it for a while.

EU and U.S. government officials took the stage focused on further touting and cementing the pending EU-U.S. Data Privacy Framework's workability. NOYB Honorary Chairman Max Schrems threw cold water on those notions, all but announcing he will attempt to raise a potential "Schrems III" challenge to the Court of Justice to the European Union. The DPF and subsequent draft adequacy process were spurred by the U.S. executive order from October mandating new legal safeguards over U.S. national security agencies' access and use of EU and U.S. personal data. The order was in response to the CJEU's invalidation of the EU-U.S. Privacy Shield program and stemmed by Schrems' second successful court challenge of an EU-U.S. data transfer agreement.