The safe harbour was a convenient fiction that enabled business-as-usual processes to take place between the EU and the U.S. Many were shocked when the Court of Justice of the European Union (CJEU) ruled it invalid, but in reality, the judgment should not have come as a surprise.
The reasoning of the court was very clear – from a “black letter” legal perspective, U.S. laws do not give individuals the level of privacy expected and provided for under EU law as to the extent to which law enforcement agencies can access data.
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