Facebook and Instagram ‘may be outside of Europe’ if confidentiality agreement fails


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Apr 24, 2016
Facebook parent company Meta released its latest quarterly numbers on Thursday. There is a striking phrase hidden in the full explanation of these numbers, discovered Politico reporter Mark Scott. Meta says that Facebook and Instagram will probably no longer be able to be offered in the European Union if the EU and the United States do not reach new agreements on privacy and data exchange.

“Unless a new transatlantic data transfer framework is adopted and we cannot continue to rely on standard contractual clauses or other alternative means of transferring data from Europe to the United, we may not be able to provide some of our core products and services. , including Facebook and Instagram,” Meta said.

The EU and the US have been discussing a new version of the EU-US Privacy Shield since 2020. This agreement should ensure that US companies are allowed to process the data of EU citizens in the privacy.

The old Privacy Shield failed: it entered into force in 2016 and was declared invalid by the European Court of Justice in 2020: the old Privacy Shield did not comply with European privacy law AVG.

Discussions on a new confidentiality agreement have been going on for a year and a half now. The European Commission is strict and cautious: it does not want to conclude another agreement on privacy that would be rejected by the Court of Justice. The EU therefore wants, among other things, new limits on the amount of American security services that can access Europeans’ data. The EU also wants EU citizens to be able to challenge access to their data in US courts.