A French lawmaker and Member of the European Parliament, Philippe Latombe, has submitted challenges to the European Union General Court against the EU-US Data Privacy Framework (“DPF”). The DPF allows companies to freely transfer data between the European Union (“EU”) and the United States (“US”).

This legal challenge comes less than two months after the European Commission and the US government allegedly ended years of legal limbo for companies.

In a statement released by Latombe, he states that “the text resulting from these negotiations violates the Union’s Charter of Fundamental Rights, due to insufficient guarantees of respect for private and family life with regard to bulk collection of personal data, and the General Data Protection Regulation (GDPR).”

Two legal challenges were filed. The first legal challenge is to suspend the agreement between the EU and the US immediately and the second legal challenge concerns the content of the text of the DPF. This is because the concerns about US mass surveillance are still present and the DPF was notified in EU countries in English only and was not published in the EU’s Official Journal. This could fall short of procedural rules.

This legal challenge and the expected legal challenge of Max Schrems and noyb have the potential of opening the doors to years of legal wrangling. Until there is further legal clarity regarding the DPF, it is recommended to ensure compliance with the applicable requirements for international data transfers.

Are you certain that your organization complies with the applicable requirements for international data transfers? Contact us, Experts in Data Privacy at info@dpoconsultancy.nl for assistance.