Efectele invalidării Privacy Shield de către Curtea Europeană de Justiţie
The Outcome of the Privacy Shield Invalidation by the Court of Justice of the European Union

Summary/Abstract: On 16 July 2020, the EU US Privacy Shield was invalidated, the basis of the transfer of personal data from the EU to the United States. The CJEU decision comes as a result of the high degree of interference by the US authorities with the transferred data. The decision, with immediate application, outlaws the said transfers, leaving the operators without backup solutions and without recommendations on the measures they can take to comply with the legislation on personal data protection. The effects of the decision are not yet known to the general public and, in general, data operators ignore or are unaware of their implications. This article offers you a short legislative and judicial history that explains the current situation as well as the review of the implications but also of some recommendations for the personal data operators. The article proposes several solutions to address the immediate need for personal data controllers to replace US applications, programs and platforms pending the recommendations of the EDPB working group. The article also deals with the reaction of supervisor authorities, NGOs but also the operator directly involved in the Schrems II case, namely Facebook Ireland / Facebook Inc.

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