Schrems III: Will the EU-US Data Flows Framework Pass the EU Court’s Test?

The European Commission has adopted its GDPR adequacy decision for the U.S., creating a new basis for data transfers to the U.S., like those for which Meta has just been fined €1.2 billion. It is nearly certain that the decision will be challenged and that the EU Court of Justice will need to look at EU-U.S. data transfers again, following its landmark decisions in Schrems I and Schrems II. During this event, our panelists discussed the legal arguments likely to be made before the Court in that expected future challenge and considered the chances of the adequacy decision being upheld by the Court.