⚖️𝐅𝐀𝐓𝐂𝐀 𝐚𝐧𝐝 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧: 𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭 𝐄𝐱𝐩𝐞𝐜𝐭𝐞𝐝 𝐨𝐧 𝐃𝐞𝐜𝐞𝐦𝐛𝐞𝐫 𝟑 🕰️After three hours of substantial debate this morning before the Court of Markets, the #FATCA case has reached a new milestone. The Court will now deliberate, with a judgment expected on December 3. 📄During the hearing, it was emphasized that data transfers carried out under FATCA raise serious concerns under the #GDPR, particularly regarding the principles of purpose limitation, proportionality, and data minimisation. It was also argued that the “important public interest” exception provided for in Article 49(1)(d) cannot serve as a basis for systematic and large-scale transfers to a country that does not offer equivalent safeguards, and that the Belgian tax administration has never conducted the impact assessment required by EU law. The Court of Markets was invited to consider referring several preliminary questions to the Court of Justice of the European Union (CJEU), including: 👉 Whether large-scale transfers of personal data to the United States under FATCA comply with the fundamental principles of the GDPR; 👉 Whether the “important public interest” derogation can be relied upon to justify such ongoing and generalised transfers; 👉 And whether, under Article 96 of the GDPR, Member States may continue to apply an international agreement concluded before the Regulation entered into force, when it conflicts with EU law and the Charter of Fundamental Rights. 🌍 Today’s hearing once again highlights the delicate balance between European data protection law and the extraterritorial demands of U.S. legislation : 𝐒𝐡𝐨𝐮𝐥𝐝 𝐄𝐮𝐫𝐨𝐩𝐞 𝐫𝐞𝐚𝐟𝐟𝐢𝐫𝐦 𝐢𝐭𝐬 𝐝𝐚𝐭𝐚 𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐬𝐭𝐚𝐧𝐝𝐚𝐫𝐝𝐬 𝐰𝐡𝐞𝐧 𝐭𝐡𝐞𝐲 𝐜𝐨𝐥𝐥𝐢𝐝𝐞 𝐰𝐢𝐭𝐡 𝐟𝐨𝐫𝐞𝐢𝐠𝐧 𝐥𝐞𝐠𝐚𝐥 𝐨𝐛𝐥𝐢𝐠𝐚𝐭𝐢𝐨𝐧𝐬? @EU_EDPB @privacyfirst @NOYBeu @maxschrems @NautaDutilh @TaxNotes @RobertGoulder @tax @GDPRhub @RichardRubinDC @FinancialTimes @lecho @trendsbelgique @lalibrebe @lesoir @DHnet @lavenir_net @HLN @destandaard @demorgen @Knack @TrendsTendances @RTBF @RTLBelgium @VRT @VTM @BelgaNews