France: Uber drivers launch appeal to Conseil d'Etat against CNIL decision on data transfers
Metalaw avocats associés announced, on 19 February 2021, that it had launched, on 18 February 2021, an appeal to the Conseil d'Etat regarding Uber France S.A.S's ongoing transfer of personal data belonging to its drivers to the US despite the invalidation of the EU-US Privacy Shield, specifically requesting the cancellation of the decision by the French data protection authority ('CNIL') of 17 December 2020. In particular, Metalaw outlined that, alongside the Ligue des droits de l'Homme, the Human Rights League of France, it is representing 169 Uber drivers before the Conseil d'Etat. More specifically, Metalaw further stated, among other things, that the appeal denounces violations of the GDPR by Uber, that the appeal constitutes the first time that a European country has been called upon for such a violation since the invalidation of the Privacy Shield, and that the Conseil d'Etat must monitor CNIL's response.
In addition, CNIL announced, on 22 February 2021, that it had passed the case to the Dutch data protection authority ('AP'), as the competent supervisory authority for Uber whose international headquarters is located in the Netherlands. Further to this, CNIL highlighted that the one-stop-shop mechanism provides for consistent application of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Lastly, CNIL noted that it is actively cooperating throughout the examination of this case, considering its cross-border implications.