DPC v. Facebook Ireland Limited & Schrems - 16 July 2020

Judgment Date16 July 2020
Case OutcomeThe Court of Justice of the European Union delivered judgment on 16 July 2020, in which it addressed 11 questions posed by the Irish High Court in the context of a preliminary reference made on 4 May 2018.
IssuerCourt of Justice of the European Union
Date16 July 2020
Judgement NumberC-311/18
StatusProceedings complete.
16 July 2020 *
(Reference for a preliminary ruling Protection of individuals with regard to the
processing of personal data Charter of Fundamental Rights of the European
Union Articles 7, 8 and 47 Regulation (EU) 2016/679 Article 2(2)
Scope Transfers of personal data to third countries for commercial purposes
Article 45 Commission adequacy decision Article 46 Transfers subject to
appropriate safeguards Article 58 Powers of the supervisory authorities
Processing of the data transferred by the public authorities of a third country for
national security purposes Assessment of the adequacy of the level of
protection in the third country Decision 2010/87/EU Protective standard
clauses on the transfer of personal data to third countries Suitable safeguards
provided by the data controller Validity Implementing Decision (EU)
2016/1250 Adequacy of the protection provided by the EU-US Privacy
Shield Validity Complaint by a natural person whose data was transferred
from the European Union to the United States)
REQUEST for a preliminary ruling under Article 267 TFEU from the High Court
(Ireland), made by decision of 4 May 2018, received at the Court on 9 May 2018,
in the proceedings
Data Protection Commissioner
Facebook Ireland Ltd,
Maximillian Schrems,
intervening parties:
* Language of the case: English.
JUDGMENT OF 16. 7. 2020 CASE C-311/18
The United States of America,
Electronic Privacy Information Centre,
BSA Business Software Alliance Inc.,
THE COURT (Grand Chamber),
composed of K. Lenaerts, President, R. Silva de Lapuerta, Vice-President,
A. Arabadjiev, A. Prechal, M. Vilaras, M. Safjan, S. Rodin, P.G. Xuereb,
L.S. Rossi and I. Jarukaitis, Presidents of Chambers, M. Ilešič, T. von Danwitz
(Rapporteur), and D. Šváby, Judges,
Advocate General: H. Saugmandsgaard Øe,
Registrar: C. Strömholm, Administrator,
having regard to the written procedure and further to the hearing on 9 July 2019,
after considering the observations submitted on behalf of:
the Data Protection Commissioner, by D. Young, Solicitor, B. Murray and
M. Collins, Senior Counsel, and C. Donnelly, Barrister-at-Law,
Facebook Ireland Ltd, by P. Gallagher and N. Hyland, Senior Counsel,
A. Mulligan and F. Kieran, Barristers-at-Law, and P. Nolan, C. Monaghan,
C. O’Neill and R. Woulfe, Solicitors,
Mr Schrems, by H. Hofmann, Rechtsanwalt, E. McCullough, J. Doherty and
S. O’Sullivan, Senior Counsel, and G. Rudden, Solicitor,
the United States of America, by E. Barrington, Senior Counsel, S. Kingston,
Barrister-at-Law, S. Barton and B. Walsh, Solicitors,
the Electronic Privacy Information Centre, by S. Lucey, Solicitor, G. Gilmore
and A. Butler, Barristers-at-Law, and C. O’Dwyer, Senior Counsel,
BSA Business Software Alliance Inc., by B. Van Vooren and K. Van Quathem,
Digitaleurope, by N. Cahill, Barrister, J. Cahir, Solicitor, and M. Cush, Senior
Ireland, by A. Joyce and M. Browne, acting as Agents, and D. Fennelly,
the Belgian Government, by J.-C. Halleux and P. Cottin, acting as Agents,
the Czech Government, by M. Smolek, J. Vláčil, O. Serdula and A. Kasalická,
acting as Agents,
the German Government, by J. Möller, D. Klebs and T. Henze, acting as
the French Government, by A.-L. Desjonquères, acting as Agent,
the Netherlands Government, by C.S. Schillemans, M.K. Bulterman and
M. Noort, acting as Agents,
the Austrian Government, by J. Schmoll and G. Kunnert, acting as Agents,
the Polish Government, by B. Majczyna, acting as Agent,
the Portuguese Government, by L. Inez Fernandes, A. Pimenta and C. Vieira
Guerra, acting as Agents,
the United Kingdom Government, by S. Brandon, acting as Agent, and
J. Holmes QC, and C. Knight, Barrister,
the European Parliament, by M.J. Martínez Iglesias and A. Caiola, acting as
the European Commission, by D. Nardi, H. Krämer and H. Kranenborg, acting
as Agents,
the European Data Protection Board (EDPB), by A. Jelinek and K. Behn,
acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 19 December
gives the following
1 This reference for a preliminary ruling, in essence, concerns:
the interpretation of the first indent of Article 3(2), Articles 25 and 26 and
Article 28(3) of Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (OJ 1995
L 281, p. 31), read in the light of Article 4(2) TEU and of Articles 7, 8 and 47
of the Charter of Fundamental Rights of the European Union (‘the Charter’);

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