FEDMA calls for urgent solutions to maintain transatlantic data flows


Today, the Court of Justice of the European Union, in its ruling on the Schrems against the Irish DPA case, declared that the European Commission Safe Harbour agreement for the transfer of personal data to the US is invalid.

the Court was asked to consider whether a data protection supervisory authority was bound by the European Commission’s decision that Safe Harbour provided an adequate level of protection for European data.

In its ruling, summarized in a press release,  the Court of Justice states that “the existence of a Commission decision finding that a third country ensures an adequate level of protection of the personal data transferred cannot eliminate or even reduce the powers available to the national supervisory authorities under the Charter of Fundamental Rights of the European Union and the directive. (…)Thus, even if the Commission has adopted a decision, the national supervisory authorities, when dealing with a claim, must be able to examine, with complete independence, whether the transfer of a person’s data to a third country complies with the requirements laid down by the directive.” However, the ruling clarifies that only the Court of Justice of the European Union can invalidate au EU agreement, such as the Safe Harbour. Consequently, if an individuals or a national DPA considers that the EU agreement is invalid, they should bring the matter “before the national courts so that they may refer the case to the Court of Justice if they too have doubts as to the validity of the Commission decision. It is thus ultimately the Court of Justice which has the task of deciding whether or not a Commission decision is valid.”

Considering this, the Court of Justice has examined the Safe Harbour agreement, and has declared it invalid.

FEDMA calls for urgent solutions to maintain transatlantic data flows

Following the Court of Justice of the European Union decision today, invalidating the Safe Harbour agreement, FEDMA has produced a press release calling  on the European Commission and the national data protection authorities to provide guidance on how organisations can use other methods to legally transfer personal information to the USA.

This press release is on the FEDMA website and has been shared via Twitter, don’t hesitate to retweet it!

Marketing Summit


Special Thanks to Microsoft for hosting this Event

(The Marketing Summit will take place at the Microsoft Center - Rue Montoyer, 51. Brussels)

As disruptive technologies are invented, marketers must sustain trust. This event will help participants answer three questions: 

What are the innovation trends that marketers need to be aware of?

What are the remaining barriers or challenges to becoming a data-driven European economy?

How to reach the right balance between Big Data and privacy?


9.30-10.15. Registration

10.15-10.30 Welcome by Sébastien Houzé

10.30 – 11.10: Kumardev Chatterjee, European Young Innovators Forum http://younginnovator.eu/projects/kumardev-chatterjee/Keynote speaker

11.10 – 12.45: The marketer and New Data Era

Olivier Proust, Of Counsel Privacy, Security & Information , Fieldfisher

Dean Russel, Creative Strategy Director, EMEA, Lewis PR

Corinna Schulze, SAP, speaking on behalf of Big Data Value Association (BDVA)

14.00-16:00: Leveraging Big Data in Europe

Maciej Surowiec, Manager, EU Institutional Relations, Microsoft

Patrick Billens, Big Data Business Leader, IBM

Massimiliano Minisci, Director EU Public Policy, GS1 AISBL

Catherine Lindo, Director EMEA Region, Merkle Inc

To register, please send this registration form to mmorcuende(at)fedma.org.


About FEDMA 

Through its many activities, FEDMA is dedicated to building the business of cross-border Data-Driven marketing, both through its vast network of contacts and businesses within and beyond Europe and by representation within the institutions of the European Union.

FEDMA’s Charter on Ethical Personal Data Management for the Data-Driven Marketing industry, is first step towards the review of the organisation's existing codes of conduct and the development of a dedicated self-regulatory programme. FEDMA paves the way towards European Compliance on Privacy and Ethical Data Management. The first step is the development of this Charter on Ethical Personal Data Management. Marketers can agree on simple rules and guidelines. Developing and signing this Charter will be the milestone to continue in the right direction. The follow-up is the development of a European label for Ethical Data Managers and compliant organisation through workshops, legal assistance, and a self-regulatory process to achieve European Legal Compliance, delivered by FEDMA, the only omnichannel Marketing Federation recognised by the EU institutions.

FEDMA's mission is to:

Protect the European direct and interactive marketing industry and the interests of our members. FEDMA aims to encourage the European institutions to ensure a healthy commercial and legislative environment within which the one-to-one industry may prosper.

Promote members, governments, media, businesses and consumers about the European direct and interactive marketing industry and encourage education and training for the sector.

Inform members, governments, media, businesses and consumers about the European direct and interactive marketing industry and encourage education and training for the sector.