A little over a year ago, on Oct. 6, the Court of Justice of the European Union held in Schrems that “Decision 2000/520 is invalid." This simple statement had the effect of plunging transfers of personal data from the EU to the U.S. into chaos. Since then, the Privacy Shield was introduced, but it now faces many challenges at national levels, which may result in the CJEU looking at the Privacy Shield’s legality. But challenging Privacy Shield is complicated given the impending GDPR. In this exclusive for The Privacy Advisor, Denis Kelleher discusses why the Privacy Shield may survive, if for no other reason than timing. “Some may therefore suggest that it may be easier simply to wait until the GDPR applies before a challenge to Privacy Shield is made,” Kelleher writes. “Others may caution that digital rights activists may not always like the answers that the CJEU may give.”
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