EU justice commissioner Didier Reynders gives the new EU-US data pact a “seven or eight out of 10 chance” of withstanding a legal challenge.
The new pact, which Reynders said is likely to be finalized before July, Is the result of more than three years of negotiations to relaunch transatlantic data flows after the cancellation of the two previous pacts by the European Court of Justice.
Reynders, speaking at a POLITICO event, said he was confident the new pact addressed EU judges’ concerns about the overreach of US security and intelligence agencies and that he would be in able to withstand a legal challenge that he said was inevitable.
Max Schrems, the Austrian privacy activist responsible for the collapse of the two previous data pacts, has already said he intends to challenge the latest agreement.
“I’m sure we’ll have to go back to the Court of Justice,” Reynders said, before adding that the new system is “very robust”.
Reynders also implored people to test the new redress mechanism provided for in US President Joe Biden’s executive order, which is expected to be approved by the European Commission on Tuesday in a so-called draft adequacy decision.
“Please test the system before saying it is ineffective,” he said in comments aimed at privacy activists who criticized the executive order for failing to curb US surveillance and provide effective legal remedy.
The Commission’s publication of the draft texts on Tuesday kicks off a ratification process that involves endorsement by EU national capitals and advice from EU data regulators, which, although ‘It is not binding, has forced rewrites in the past.