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ECJ declares Privacy Shield invalid

Publication:

The EU-US Privacy Shield (also EU-US Privacy Shield) is an informal arrangement in the field of data protection law negotiated between the European Union and the United States of America from 2015 to 2016. It consists of a series of assurances from the U.S. federal government and an adequacy decision from the EU Commission.

Basically, the agreement regulates the protection of personal data that is transferred from a member state of the EUR to the USA. Typically, these are presences on Youtube, Pinterest, Instagram, Facebook, etc..

However, in addition to social media, other providers such as web hosters, contend delivery networks, web analytics services, online marketing service providers, live chat systems, etc. are also affected. The ECJ now declares Privacy Shield invalid.

ECJ declares Privacy Shield invalid

ECJ declares EU-US Privacy Shield invalid

The ECJ The EU-USPrivacy Shield with his Judgment of 16.07.2020 (Az: C-311/18) invalidated and reminded of the obligations for data exporters and data importers when applying the EU standard contractual clauses, in particular with regard to a legally compliant data transfer.

What does the ruling mean?

Many providers are not affected by the ruling. However, you should take a closer look at the ruling in the following cases:

  1. You run a Facebook page
  2. You operate your own online store or website and use web analysis tools or online marketing services for this purpose
  3. You operate a commercial homepage without order function
  4. You have a Youtube presence
  5. You have a Pinterest presence

If you sell your goods exclusively via platforms such as Ebay, Amazon, Kasuwa, etc., you are not affected by the ruling. sell your goods, you are not affected by the ruling.

What options do I have when I have the services in use?

Currently there are in principle only 2 possibilities:

Disable services

You turn off the services and wait until the clarification of a permissible data transfer with the US

Services further benefit

You continue to use the critical services (could bring problems or warnings in the near future)

Summary

From the development and the latest rulings, it is obvious that the ECJ is getting serious in the area of data protection and is defining the rules more and more narrowly.

Check whether the use of the respective tools is okay for you and whether the respective services are absolutely necessary. From our experience, we can say that many currently operating websites have more services enabled than absolutely necessary. This ensures high data transfers from A to B.

In addition to the superfluous data transfer, the loading times are usually also negatively affected accordingly. In addition, the provider is exposed to a warning or a fine.

Therefore, be sure to check their services used and your privacy policy. Also be sure to note the Ruling regarding consent and cookie storage.

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Individual approach

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We have been serving many clients for over 15 years in the field of digital marketing

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