EU-US Data Privacy Framework looks to survive its first challenge

EU court rejects Mr Latombe’s request for interim suspension, but the case is still pending. By Nana Botchorichvili of IDEA Avocats France.

Unexpectedly, the first challenge to the EU-US Data Privacy Framework (hereafter DPF), in September this year(1), did not come from Max Schrems but from a Member of the French Parliament, Philippe Latombe. Mr Latombe who also serves as Commissioner at France’s DPA, the CNIL, explained that he was acting in his personal capacity, as a citizen, when bringing this challenge before the EU General Court (hereafter General Court) and not as part of his official mandates. He also indicated that he has chosen this route, as it should lead, according to him, to a faster decision than following a referral to the Court of Justice of the European Union (CJEU).

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