In landmark Facebook case, Europe's top court scraps key EU-U.S. consumer data transfer pact

Screen showing a 'thumbs down' symbol.
(Image credit: iStock)

On Tuesday, the European Court of Justice, the European Union's highest court, threw out a 15-year-old agreement allowing companies to transfer data freely between the U.S. and EU. The ruling, which can't be appealed, appears to prohibit Facebook, Google, and other tech companies large and small from moving data about their European customers to the United States, and nobody is quite sure what will happen next.

The case was started by an Austrian law student, Max Schrems, who sued Facebook in Ireland — Facebook's European headquarters — arguing that due to revelations by U.S. National Security Agency contractor Edward Snowden, European consumer data wasn't given adequate privacy protections by Facebook and other U.S. tech companies. The ECJ agreed, immediately invalidating a "safe harbor" agreement in place since 2000 that allows about 4,000 U.S. and European companies to transfer data overseas on the understanding that that data will be given the privacy safeguards applicable to each country's consumers.

The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up

The court's decision, and stalled two-year-old negotiations for a new safe harbor agreement highlights "the different approaches to online data protection by the United States, where privacy is viewed as a consumer protection issue, and Europe, where it is almost on a par with such fundamental rights as freedom of expression," notes The New York Times. The European Commission is expected to address the ruling on Tuesday.

Explore More
Peter Weber, The Week US

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.