Germany - German regulators want right of action against EU adequacy decisions
Published 21 June 2016
The German Federal and State Commissioners (the "Commissioners") have adopted a resolution calling for an independent right of action for data protection authorities against adequacy decisions of the European Commission (the "Resolution"). The Commissioners want to see an express legislative provision granting a right to challenge adequacy decisions in front of national courts.
Such a right would be very unusual under German law with it envisaging a complaint without a defendant. As such there has been much doubt about the Resolution's potential for success. If the Resolution is not successful, the Commissioners will need to find an alternative means by which to get to court, which would then allow for referral to the CJEU.
This is an interesting further development since the Schrems case towards the end of last year and we are likely to see many similar challenges across Europe, particularly whilst discussions are still ongoing in the search for a suitable alternative to Safe Harbor.
More information on the Resolution is available here (German).
Submitted by Charlotte Halford, Solicitor