After having been adopted on 12 July last by the European Commission, the EU-US Privacy Shield is again facing the heat. Privacy advocacy group Digital Rights Ireland filed a complaint against the Commission with the General Court of the European Union on 16 September 2016, asking for annulment of the adequacy decision by means of which the Privacy Shield was adopted.

The proceedings with the General Court are not expected to commence any time soon. According to a spokesperson of the Commission, it may take another year (or more) before the General Court rules on the case. If so, the General Court’s ruling would follow after the first annual review of the Privacy Shield, which is scheduled for mid-2017. Among others, the Article 29 Working Party has already declared that it will use the evaluation to critically assess both the legal foundations of the Privacy Shield and its practical execution. It is, therefore, possible that the annual review will accomplish what the complaint aims to do.

Sources: Registratie Digital Rights Ireland v. Commission op de website van het Gerecht Verklaring Article 29 Working Party naar aanleiding van de Commissie-beslissing.