PrivacyPod8 Sep 2025

#77: PrivacyPod special: Breaking Down the Latombe decision

This PrivacyPod special episode was recorded on the very day the Latombe decision (T-553/23) was made, capturing the immediacy and raw analysis of a pivotal moment in EU–US data privacy law. Host Joost Gerritsen, together Prof. Dr. Gloria González Fuster (VUB, LSTS Director) and Pablo Trigo Kramcsák (PhD researcher, LSTS) delves into the EU General Court's ruling and its implications for the EU–US Data Privacy Framework. With the judgment only hours old, the discussion is lively and unfiltered, blending critical legal insight with candid questions from the privacy community.

Gloria and Pablo examine the court's highly formalistic approach, questioning whether the decision provides real legal certainty or simply upholds the status quo on paper. They discuss the ruling's weaknesses, including unresolved issues of admissibility and standing, and debate whether the judgment genuinely protects fundamental rights or merely recirculates official arguments without genuine scrutiny. The conversation also covers hot topics like Article 22 GDPR, the functioning of US oversight mechanisms, and the political climate that influences data transfers between Europe and the US.

Throughout the episode, the panel answers audience queries, reflecting the pulse of the privacy profession as it digests the breaking news. These real-time reactions make this episode a unique snapshot of expert opinion as legal history is being written, offering essential listening for privacy professionals, legal scholars, and anyone following the saga of cross-border data flows.

If you would like to learn how this case relates to previous rulings and documents from supervisory authorities, please visit Digibeetle: https://digibeetle.eu/latombe

Press release on the Latombe case:

https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-09/cp250106en.pdf

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