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> These hopes may however be shattered soon. It is not unlikely that the new deal will be invalidated by the CJEU - just like the two previous EU-US data deals
by surgical_fire 3y ago
> These hopes may however be shattered soon. It is not unlikely that the new deal will be invalidated by the CJEU - just like the two previous EU-US data deals (“Privacy Shield” and “Safe Harbor”). Such invalidations have retroactive effect.
If I understood correctly, if they keep transferring data to the US before CJEU considers that the nee deal does satisfy regulations, they may just be setting themselves up to another record fine.
I'm fine with this.
- wbl 3y agoThe locality where data rests on disk shouldn't matter for the legal process of getting access to it, and the US law takes this position. Otherwise we're going to have rampant protectionism under the guise of data protection which is part of the EU regulatory apparatus.
- surgical_fire 3y ago> The locality where data rests on disk shouldn't matter for the legal process of getting access to it This is not entirely true, though. If the data is kept abroad, that absolutely limits the legal access to the data unless the company complies - what do you do when the company decides to defy a court order and the servers are located beyond the area where you have monopoly of use of force?