Supreme Court ruling threatens EU-US data transfers
Following the US Supreme Court's Trump v. Slaughter ruling declaring FTC independence unconstitutional, privacy group noyb has requested the European Commission withdraw its adequacy decision for the EU-US Data Privacy Framework. Because EU law requires independent data protection oversight, noyb plans to file a lawsuit that could force EU companies to transition away from US cloud and service providers.
The Supreme Court's application of the unitary executive theory makes a third Schrems-led invalidation of EU-US data sharing agreements virtually inevitable.
* The ruling eliminates the independent status of US regulators, which is a constitutional requirement under Article 16(2) TFEU and Article 8(3) of the Charter of Fundamental Rights.
* Alternative transfer mechanisms like SCCs and BCRs are also affected because their transfer impact assessments rely on oversight and redress bodies (e.g., PCLOB, Data Protection Review Court) that are no longer independent from presidential control.
* While the framework remains technically in force until formally repealed by the Commission or annulled by the CJEU, organizations should immediately accelerate transitions to EU-based data hosting.
DISCOVERED
2h ago
2026-06-30
PUBLISHED
5h ago
2026-06-30
RELEVANCE
AUTHOR
tomwas54