Facebook threatens to quit the EU? As if…

I wrote this article for BEERG‘s weekly newsletter on Sept 23rd. The Newsletter goes to approx 1,000 senior HR professional across the EU and US.

I have been deeply involved in monitoring the development of the data privacy and protection issue since first working on the early legislative passage of the General Data Protection Regulation through the European Parliament and Council. This article features a link to an article I wrote for the EurActiv news-site in late 2012 on the complexity of GDPR’s employee data provisions.

I have added some extra paragraphs in this version that are pertinent to the Irish domestic situation and – not for the first time – I finish an article with my favourite LBJ saying/quote

This was the week when the stark reality of the Schrems II judgement became clear. When the rubber hit the road.

In last week’s BEERG Newsletter I portentously observed that the already complex position around Standard Contractual Clauses (SCCs) and other methods of transferring personal data to the US was about to become more complex. Little did we realise how quickly that would happen.

The Irish Data Protection Commission made a preliminary move to halt Facebook’s use of SCCs to cover the transfer of data from the EU to the US. Facebook has some 400m+ user in Europe. Facebook went to court.

Within days, the text of Facebook’s affidavit to the Irish High Court appeared online. Its contents fueled headline speculation in respected broadsheet newspapers and reputable media outlets that Facebook was threatening to quit the EU unless its concerns were addressed.

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