The Court of Justice Considers the Commission's US Safe Harbour Decision Invalid

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(1), 327-329 | European Forum Highlight of 16 April 2016 | (Abstract) This Highlight examines the judgment of 6 October 2015, Maximillian Schrems v. Data Protection Commissioner, in which the European Court of Justice held that the existence of a Commission Decision finding that a third country ensures an adequate level of protection of the personal data transferred (i.e., the Decision 2000/520, in which the Commission made this finding with respect to the United States) cannot eliminate or even reduce the powers available to the national supervisory authorities of the sending country under the Data Protection Directive (Directive 95/46/EC).

Keywords

• protection of personal data
• directive 95/46/ec
• safe harbour decision
• charter of fundamental rights of the european union
• national supervisory authority