Belgium: Announced lawsuit on the qualification of encryption as a sufficient supplementary measure for U.S.-EU data transfers

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Description

Announced lawsuit on the qualification of encryption as a sufficient supplementary measure for U.S.-EU data transfers

On 10 August 2021, a Dutch company challenged the decision of the Flemish Region to grant a tender to an EU company (Viavan) that relies on the cloud services by Amazon Web Service (AWS). The company contested that such a decision violated the Schrems II decision because Viavan relies on AWS services while lacking a valid mechanism to transfer Belgian data from the EU to the US.

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Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2021-08-10
under deliberation

On 10 August 2021, a Dutch company challenged the decision of the Flemish Region to grant a tender …

2021-08-19
in force

On 19 August 2021, the Council of State ruled that encryption is a valid supplementary measure to t…