US Courts Aren't Helping With EU Data Privacy Relations

Law360, New York (November 30, 2015, 10:22 AM EST) -- The failure of U.S. courts to recognize that a violation by a company of the data privacy rights of individuals causes them injury increases the difficulty of achieving a practical solution to the current U.S.-EU data privacy dispute.

The EU Data Privacy Directive prohibits the transfer of personal data outside the EU, but gives the European Commission the right to designate nonmember countries which offer "an adequate level of protection" (Article 25[6]). Earlier this year the European Court of Justice held that the protections which the U.S. had in place under the U.S.-EU safe harbor were inadequate (Case C-362/14, Schrems v....

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