Austria: NOYB urges DSB to consider €6B fine against Google
None of your business ('NOYB') announced, on 6 May 2021, that it had made a submission to the Austrian data protection authority ('DSB') concerning Google LLC's alleged violations of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), following a request for an opinion from the DSB concerning Google's own submission in response to the 101 complaints filed by NOYB against EU companies that continue to send website visitor data to Google LLC and Facebook, Inc. in alleged violation of Court of Justice of the European Union's ('CJEU') judgment in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems (C-311/18) ('Schrems II').
In particular, NOYB refuted Google's claims that its data flows to the US were compliant with the GDPR and the Schrems II ruling and called for the DSB to issue a fine of 4% of Google's global turnover, equivalent to just over €6 billion. Google had confirmed in its submission that it relies on Standard Contractual Clauses ('SCCs') pursuant to Article 46(2) of the GDPR, and claimed that, as required by the Schrems II ruling and in alignment with the European Data Protection Board's Recommendations 01/2020, it had implemented supplementary measures, including legal, technical and operational measures, to ensure an adequate level of data protection. In response, NOYB dismissed the idea that the measures described by Google were adequate to effectively protect data transferred from the EU.