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Maximillian Schrems v. Data Protection Commissioner, Case C-362/14, CJEU (Grand Chamber), 6 October 2015


Personal data and protection of individuals with regards to data processing and transfer to third states by the EU. Related powers of national control authorities.

Normative references

Art. 7, 8, 47 EUCFR


Article 25(6) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, read in the light of Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a decision adopted pursuant to that provision (such as Commission Decision 2000/520/EC of 26 July 2000 on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the US Department of Commerce, by which the European Commission finds that a third country ensures an adequate level of protection) does not prevent a supervisory authority of a Member State from examining the claim of a person concerning the protection of his rights and freedoms in regard to the processing of personal data relating to him which has been transferred from a Member State to that third country when that person contends that the law and practices in force in the third country do not ensure an adequate level of protection.

Decisions consistent with precedent