Does Facebook comply with data transfer rules abroad from the EU?

Facebook had been sued for abusing the management of Europeans' personal data.

However, the court decision did not prove any of the parties wrong or wrong. The decision was given exactly on December 19. According to what appears to be coming from a senior official of the European Court of Justice, the American firm is in compliance with the law in its procedure of managing and handling personal data generated in Europe.

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It is recalled that this legal battle was initiated now for six years. at the head of this lawsuit we have Max Schrems, an Austrian privacy activist. Everything has started in 2013 with the scandal triggered by Edward Snowden. the applicant then filed a complaint against Facebook near the European Judicial Headquarters in Ireland.

The prosecutor raised the fact that Facebook is not complying with the rules vigor during transfers data abroad. Indeed he believed that the processing of data by the U.S. company was at odds with the laws in force in Europe. To respond to his the U.S. firm, Henrik Saugmandsgaard, the general counsel of the European court announced at the time that facebook was totally in the menstruation. That the fact that the data could be directed to the United States did not in any way pose a legal problem. however It should be noted that this opinion did not nothing legal, because it does not really come from the European Court of Justice justice, but only a councillor. However, there is no denying that this will have an impact on the final decision of the fair.For, even though the Advocate General be neither a judge nor a prosecutor, he nevertheless participates in every case expressing its opinion on the legal issues asked.

Moreover, regardless of the court's decision European Justice, in all cases we know that it will have a very significant impact on important impact on the processes for transferring data abroad of any being in the same time as Facebook.

For Max Schrems, the privacy advocate Austrian believes that while it has still decided to make a final decision on the so it would seem that the majority of companies would not see any difference in practice. "Everyone will always be able to have all the flow of necessary data with the United States, such as sending messages or sending booking a hotel in the United States. He noted, however, that "some European companies may no longer be able to use some U.S. outsourcing providers, as the laws U.S. surveillance companies require these companies to report data to the NSA. But it is also a problem economic growth for the United States, as foreign revenues will go elsewhere. » then he will add, noting: "It is really up to the United States to guarantee basic protection of the privacy of foreigners. Otherwise, no one will not trust U.S. companies to manage their data. ».

If the activist's concern lies in the fact that the European data that will be transmitted to the United States will be subject to the NSA surveillance rule, Facebook for its part has tried to reassure by saying that there are "standard contractual clauses" (CCS) to protect its European users (…) Standard contractual clauses offer important safeguards to ensure the protection of European data once they are transferred abroad. They have been designed and approved by the European Commission and enable thousands of Europeans to do business around the world. We look forward to the final decision of the European Court of Justice. Furthermore, the General Counsel of the European Court noted in his opinion: "The Commission's 2010/87/EU decision on standard contractual clauses for the transfer of personal data to subcontractors based in third countries is valid. »

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