EU-US Data Transfers: First Reaction on "Latombe" Case
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Data Transfers Press Release by the General CourtBackground. Philippe Latombe, a French member of parliament, brought an action for annulment of the EU-US data transfer agreement (Transatlantic Data Protection Framework) before the General Court (the First Instance among the EU Courts). The CJEU (the second instance within the EU Courts) had previously ruled in “Schrems I” and “Schrems II” that the two prior agreements were illegal. Both were anulled. The new deal is structured almost identically to the old, illegal deals and hence likely illegal – especially if you consider the Trump administration's latest abuses of power in issuing executive orders. Since Latombe's case was brought as an action for annulment and not as a preliminary question by a national court, he not only had to prove that the deal was substantively wrong, but also that he was directly affected in order to be entitled to bring an action at all.Latombe challenge not convincing for General Court. The team of Mr. Lat