Tue. Feb 7th, 2023


Although the Council was updated by the Commission on the judgment of the Court of Justice in Case C-311/181 in a video conference of justice ministers on 9 October 20202 , the Council has not discussed the specific question raised by the Honourable Member, as it does not fall within its sphere of competence. In accordance with Article 4(2) of the Treaty on the European Union, national security remains the sole responsibility of each Member State.

As stated in the European Council conclusions /3 of 1 and 2 October 2020, the EU, in order to be digitally sovereign, must build a truly digital single market, reinforce its ability to define its own rules, to make autonomous technological choices, and to develop and deploy strategic digital capacities and infrastructure. At the international level, the EU will leverage its tools and regulatory powers to help shape global rules and standards. The EU will remain open to all companies complying with European rules and standards. The European Council also welcomed the European strategy for data, which supports the EUʼs global digital ambitions to build a true European competitive data economy, while ensuring European values and a high level of data security, data protection, and privacy.

/1 Judgment of 16 July 2020, Facebook Ireland and Schrems (Schrems II), C-311/18, EU:C:2020:559.

/2 As indicated in the meeting agenda, available here: https://www.consilium.europa.eu/media/46043/20201009-agenda-justice.pdf

/3 EUCO 13/20

Source: Answer to a written question – EU-US ‘no-spying’ agreement – E-000580/2021(ASW)

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