THE LEGALITY OF CONTRACTUAL CLAUSES
Posted: Sun Jan 26, 2025 5:34 am
It is important to know that data transfers considered necessary are not affected by the decision of the Court of Justice.
Another decision was also validated by the Court in accordance with the conclusions of the Advocate General. This concerns the legality of contractual clauses regarding the transfer of data. Thus, the oman email list global agreement that constituted the Privacy Shield was invalidated by the European Court of Justice. The latter confirms that companies can comply with European law by committing themselves to complying with the precautions established in relation to the use of European citizens' data.
However, a high level of guarantee must be presented by these contractual clauses according to the Court. This will particularly concern arbitrary surveillance against which there is no existing effective remedy. The association of the IT and communications industry, which includes members such as Amazon, Google or Samsung, hopes that there will be further discussions and recommendations from data protection authorities in order to help European and American officials find a sustainable solution that can guarantee the continuity of information flows.
For its part, the Business Software Alliance (which brings together digital giants such as Oracle and Microsoft) admits its relief at the continued validity of the standard clauses . The organization also regrets that one of the few reliable methods for transferring data is removed by the decision.
Another decision was also validated by the Court in accordance with the conclusions of the Advocate General. This concerns the legality of contractual clauses regarding the transfer of data. Thus, the oman email list global agreement that constituted the Privacy Shield was invalidated by the European Court of Justice. The latter confirms that companies can comply with European law by committing themselves to complying with the precautions established in relation to the use of European citizens' data.
However, a high level of guarantee must be presented by these contractual clauses according to the Court. This will particularly concern arbitrary surveillance against which there is no existing effective remedy. The association of the IT and communications industry, which includes members such as Amazon, Google or Samsung, hopes that there will be further discussions and recommendations from data protection authorities in order to help European and American officials find a sustainable solution that can guarantee the continuity of information flows.
For its part, the Business Software Alliance (which brings together digital giants such as Oracle and Microsoft) admits its relief at the continued validity of the standard clauses . The organization also regrets that one of the few reliable methods for transferring data is removed by the decision.