French MP Latombe Could Bring Down EU-US Data Privacy Framework
The legal challenge to the Trans-Atlantic Data Privacy Framework (DPF) led by French MP Philippe Latombe raises significant questions about the future of EU-US data transfers. The DPF, which aims to regulate the flow of personal data between the two regions, faces scrutiny as the independence of US regulatory bodies has come under doubt, particularly during the Trump administration. The European Commission, however, remains hesitant to provoke the US, given the substantial economic ties that rely on this agreement.
The Court of Justice of the European Union (CJEU) may ultimately need to invalidate the DPF, similar to the previous Schrems I and Schrems II cases that dismantled earlier agreements. For this to occur, a case must reach the EU’s highest court, a process that can take years. Latombe’s challenge, brought forth shortly after the DPF’s establishment, is currently being heard in the CJEU General Court, which will assess the legal standing of the case.
Concerns have been raised regarding the adequacy of the DPF in protecting EU citizens’ rights, particularly in light of the General Data Protection Regulation (GDPR). Thomas Bindl, who received €400 in compensation for unauthorized data transfers to the US, expressed skepticism about the DPF’s effectiveness. He noted the significant procedural hurdles that Latombe’s case may face, particularly in establishing legal standing, which has historically been a barrier in similar cases.
The hearing today could take an unconventional approach by focusing on the broader implications of the DPF rather than solely on the issue of standing. If the court decides to consider the validity of the DPF, it could have far-reaching consequences for data privacy and transatlantic relations. Regardless of the outcome, any ruling can be appealed to the European Court of Justice, which will encounter similar challenges in addressing the complexities of data protection.
Source: French MP Latombe could become ‘Schrems III’ despite procedural hurdles
