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Schrems Applauds New Data Transfer Challenge

The European Center for Digital Rights (noyb) isn't involved in French lawmaker Philippe Latombe's contest of the EU-U.S. Data Privacy Framework (DPF) but is "happy about any additional challenge," its spokesperson told us (see 2309120030). Noyb is the brainchild of…

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privacy lawyer and activist Max Schrems, who contested the previous trans-Atlantic data transfer regime Privacy Shield (PS), resulting in its being thrown out by the European Court of Justice (ECJ) in 2020 (see Ref:2007160014]). There's a "potential downside" to Latombe's strategy for attacking the DPF, however, noyb's spokesperson emailed: "You have to show that you are 'directly affected' to the Court of First Instance and then you have to appeal the decision further" to the ECJ. French non-governmental organization La Quadrature du Net took that approach to PS, but its challenge was paused because Shrems' case went directly to the EU high court via a reference from a court. "So we plan to take the route via a reference instead," noyb said. "We are obviously happy to support any other efforts too."