Will Facebook be leaving Europe? Unlikely, I suspect.
In July, the ECJ accepted a legal challenge to the validity of the EU-US Privacy Shield. Our article here: https://lnkd.in/d7Z2kBq provides further details on that decision.
Despite Facebook’s “warning”, this ruling does not mean that Facebook is prohibited absolutely from transferring personal data to the US. It means that it will have to look again at other EU mechanisms, such as the EU’s 'standard contractual clauses'. This will require Facebook, and other businesses who transfer to the US, to look again at how they deal with personal data once transferred to the US to ensure they meet the EU standards of adequacy and comply with the data protection principles set out in the GDPR.
It is difficult to see how the Irish Data Protection Commissioner can do anything other than continue with enforcement action. It instead remains to be seen whether the EU will try to step in again with another “workaround” or whether this will be the shake up that privacy rights campaigners have been waiting for.