Written By Digital Content Editor Thomas Ahearn
Following the European Data Protection Board (EDPB) binding dispute resolution decision of April 13, 2023, Meta Platforms Ireland Limited (Meta IE) was issued a fine of 1.2 billion euros following an inquiry into its Facebook service by the Irish Data Protection Authority (IE DPA), according to an EDPB news release.
This fine – which is the largest ever for the General Data Protection Regulation (GDPR) – was imposed for Meta’s transfers of personal data to the United States on the basis of standard contractual clauses (SCCs) since July 16, 2020. Furthermore, Meta has been ordered to bring its data transfers into compliance with the GDPR.
The GDPR – which was adopted on April 14, 2016, and became enforceable beginning on May 25, 2018 – is a Regulation in the European Union (EU) law on data protection and privacy that addresses the transfer of personal data outside the EU area and enhances the control and rights of EU residents over their personal data.
In its binding decision of April 13, 2023, the EDPB instructed the IE DPA to amend its draft decision and to impose a fine on Meta IE. Given the seriousness of the infringement, the EDPB found that the starting point for the calculation of the fine should be between 20 percent and 100 percent of the applicable legal maximum.
The EDPB also instructed the IE DPA to order Meta IE to bring processing operations into compliance with Chapter V GDPR by ceasing the unlawful processing, including storage, in the U.S. of personal data of European users transferred in violation of the GDPR within six months after notification of the IE DPA’s final decision.
The IE DPA’s final decision incorporates the legal assessment expressed by the EDPB in its binding decision adopted on the basis of Art. 65(1)(a) GDPR. The decision taken by the IE DPA on May 12, 2023, in the matter of Meta Platforms Ireland Limited (previously known as Facebook Ireland Limited) is available here.
“The EDPB found that Meta IE’s infringement is very serious since it concerns transfers that are systematic, repetitive, and continuous. The unprecedented fine is a strong signal to organizations that serious infringements have far-reaching consequences,” EDPB Chair Andrea Jelinek stated in the news release dated May 22, 2023.
Employment Screening Resources (ESR) is a service offering of ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar’s global background checks comply with international privacy rules such as GDPR. To learn more, contact ClearStar.
Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
© 2023 Employment Screening Resources (ESR) – A Service Offering of ClearStar – Making copies of or using any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.
Share on Social Media
