Still lingering is the question of whether Latombe can even bring this case. Many doubt he has the required procedural ‘standing’ to do so but it’s hard to see a scenario where procedure triumphs over the Court ruling on the significant substantive issues of the case: does the U.S. provide adequate data protection safeguards for EU data?
This confirms the expected: the EU’s highest court will, once again, rule on the validity of sending EU data to the U.S. Will it be third time lucky for data flows or three strikes and out?
Though the Court of Justice of the EU follows the rulings of the EU General Court more often than not, EU-U.S. data transfers are down 2-0 when it comes to rulings by the highest court.
And while the international flow of data has been a relatively quiet, though considerably consequential, player in the increasingly reshaped global trade and geopolitical order, that could all change if there’s a decision pulling down the transatlantic deal.
With transatlantic data flows underpinning much of the high stakes transatlantic relationship on the economy and tech, this could propel data flows to the very top of the risk register for companies and politicians alike.
From Isabelle Roccia, Managing Director, Europe, at the IAPP:
When rendering its September judgement, the Court was bound to look at the validity of the Commission’s decision implementing the EU-U.S. DPF when it was adopted in 2023. It would be naïve to think, however, that a closer examination – whether in the form of a legal challenge or as part of the Commission’s monitoring duty – would not consider events since 2023.
The September ruling validated the legal construct underpinning the EU-U.S. DPF, which was a big win for legal certainty after two fatal attempts. However, the appeal by MP Philipe Latombe may trigger an examination of the EU-U.S. DPF in practice under the current U.S. Administration, with findings possibly having implications for safeguards applicable across transfer mechanisms.
