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Sep 08, 2025

The EU-US Data Privacy Framework Survives an Annulment Challenge

On 3 September 2025, the European Court of Justice (“CJEU”) dismissed the action of a Member of the French Parliament, Mr. Philippe Latombe, who had sought annulment of the EU-U.S. Data Privacy Framework (“DPF”).  Had he been successful, data transfers between the EU and US would have, yet again, faced challenges and uncertainty, as was the case following the 2020 Schrems II decision. This decision confirms that the European Commission is empowered to continue to review whether the DPF is sufficiently protective of EU data subjects’ rights, as the US legal landscape evolves. However, at this time, the safeguards offered in the US for EU personal data have been deemed sufficient to ensure the DPF has weathered this annulment challenge.   

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Sep 08, 2025
The EU-US Data Privacy Framework Survives an Annulment Challenge
On 3 September 2025, the European Court of Justice (“CJEU”) dismissed the action of a Member of the French Parliament, Mr. Philippe Latombe, who had sought annulment of the EU-U.S. Data Privacy Framework (“DPF”).  Had he been successful, data transfers between the EU and US would have, yet again, faced challenges and uncertainty, as was the case following the 2020 Schrems II decision. This decision confirms that the European Commission is empowered to continue to review whether the DPF is sufficiently protective of EU data subjects’ rights, as the US legal landscape evolves. However, at this time, the safeguards offered in the US for EU personal data have been deemed sufficient to ensure the DPF has weathered this annulment challenge.   
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