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Dutch DPA fines Uber €290m for unlawful US transfers: EU GDPR Chapter V breach, broad interpretation of transfers, implications for SCCs and reliance on the EU-US Data Privacy Framework

Published on: 16 September 2024

Published by a LexisNexis Commercial expert
Legal News
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Article summary

Background to the Dutch DPA’s investigation

As is often the case, the AP’s scrutiny of Uber’s processing first arose following complaints from data subjects themselves. The French human rights organisation Ligue des droits de l'homme et du citoyen (LDH) submitted two collective complaints in June 2020 and September 2021 respectively to the French DPA, the Commission Nationale de l'Informatique et des Libertés (CNIL), on behalf of 172 Uber drivers, specifically highlighting difficulties enforcing data subject rights and third‑country data transfers. As Uber’s EU headquarters are in the Netherlands, the CNIL formally referred the matter to the AP. In April 2021, the AP notified Uber that it had begun an official investigation.

What processing was at issue?

During the proceedings, the AP reviewed and assessed transfers of sensitive personal data of Uber drivers between Uber BV (UBV) and Uber Technologies Inc (UTI). The AP concluded that Uber had not complied with the requirements of Article 44, Chapter V of the EU GDPR for those transfers, as it had failed to implement sufficient and appropriate transfer safeguards...

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