"The European Union General Court (EGC) has rejected a challenge to the US-EU Data Privacy Framework (DPF) allowing data to continue flowing across the pond, but the challenges are unlikely to stop there. The EGC published its decision [PDF] today dismissing the annulment action brought by French lawmaker Philippe Latombe in 2023 a few months after the rule went into effect in July of that year."
"The independence of the DPRC was a central issue to Latombe, who argued that its creation via executive order left its existence entirely dependent on the US president. By that logic, the court is anything but independent or assured of continued existence were, say, a more mercurial leader to kill it or remove judges due to a perceived slight. The EGC disagreed with Latombe's assertion."
The European Union General Court dismissed Philippe Latombe's annulment action and upheld the US-EU Data Privacy Framework, allowing transatlantic data transfers to continue. The DPF is the third iteration of a mechanism to standardize data-transfer rules between European and American entities after Safe Harbor and Privacy Shield were invalidated. A 2022 executive order by President Joe Biden directed the United States to meet DPF obligations and established a Data Protection Review Court to hear related disputes. Latombe challenged the DPRC's independence because it was created by executive order. The EGC found safeguards in appointments and functioning that ensure DPRC independence.
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