Марк Зукърбърг и екипът му обмислят спирането на Фейсбук и Инстаграм в Европа, ако Мета не може да обработва данните на европейците на сървъри в САЩ. За това предупреди самият собственик в годишния си доклад*, съобщава лондонският бизнес вестник City A. M., цитиран и в други медии, включително и в технологичното издание Mashable.
Обмяната на данни е от ключово значение за предоставянето на услугите и целевата реклама в тези социани мрежи.
Европейският съд анулира през лятото на 2020 г. старата правна рамка (Privacy Shield) заради нарушения при защитата на данни. Оттогава ЕС и САЩ уверяват, че работят върху нова или актуализирана версия на договора.
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* доклад – 36 стр.
We are also subject to evolving laws and regulations that dictate whether, how, and under what circumstances we can transfer, process and/or receive certain
data that is critical to our operations, including data shared between countries or regions in which we operate and data shared among our products and services. For
example, in 2016, the European Union and United States agreed to a transfer framework for data transferred from the European Union to the United States, called
the Privacy Shield, but the Privacy Shield was invalidated in July 2020 by the Court of Justice of the European Union (CJEU). In addition, the other bases upon
which Meta relies to transfer such data, such as Standard Contractual Clauses (SCCs), have been subjected to regulatory and judicial scrutiny. For example, the
CJEU considered the validity of SCCs as a basis to transfer user data from the European Union to the United States following a challenge brought by the Irish Data
Protection Commission (IDPC). Although the CJEU upheld the validity of SCCs in July 2020, our continued reliance on SCCs will be the subject of future
regulatory consideration. In particular, in August 2020, we received a preliminary draft decision from the IDPC that preliminarily concluded that Meta Platforms
Ireland’s reliance on SCCs in respect of European user data does not achieve compliance with the GDPR and preliminarily proposed that such transfers of user data
from the European Union to the United States should therefore be suspended. Meta Platforms Ireland challenged procedural aspects of this IDPC inquiry in a
judicial review commenced in the Irish High Court in September 2020. In May 2021, the court rejected Meta Platforms Ireland’s procedural challenges and the
inquiry subsequently recommenced. We believe a final decision in this inquiry may issue as early as the first half of 2022. If a new transatlantic data transfer
framework is not adopted and we are unable to continue to rely on SCCs or rely upon other alternative means of data transfers from Europe to the United States,
we will likely be unable to offer a number of our most significant products and services, including Facebook and Instagram, in Europe, which would materially and
adversely affect our business, financial condition, and results of operations. In addition, we have been managing investigations and lawsuits in Europe, India, and
other jurisdictions regarding the August 2016 update to WhatsApp’s terms of service and privacy policy and its sharing of certain data with other Meta products
and services, including a lawsuit currently pending before the Supreme Court of India, and also became subject to government inquiries and lawsuits regarding the
2021 update to WhatsApp’s terms of service and privacy policy. If we are unable to transfer data between and among countries and regions in which we operate, or
if we are restricted from sharing data among our products and services, it could affect our ability to provide our services, the manner in which we provide our
services or our ability to target ads, which could adversely affect our financial results.
