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Regulator action · 26 August 2024

Dutch DPA decision on Uber (driver data transfers to the US)

Autoriteit Persoonsgegevens, decision of 22 July 2024 (announced 26 August 2024) · Autoriteit Persoonsgegevens (Netherlands)

On appeal. Uber said it would object to the decision.

What it means for your code

Moving EU user data to a US region or US-owned processor requires a transfer mechanism before the first byte moves.

What happened

Uber stored European drivers' personal data, including location, identity documents and some criminal and medical data, on US servers without a valid transfer tool after ceasing to use SCCs.

What was decided

Transferring personal data to the US without an Article 46 transfer tool infringed Chapter V GDPR.

⚖ EUR 290 million administrative fine

The legal test applied

  • Transferring personal data to a third country without an Art. 46 transfer tool infringes Chapter V

What would have changed the outcome

  • Recipients certified under the Data Privacy Framework, or SCCs with a transfer impact assessment in place
Read the decision at the source

Summary and analysis by Lawpatch, checked by an editor against the source. Risk analysis, not legal advice; the law may have moved on since this decision.