Waiting for a political compromise between the EU and the U.S. on Safe Harbor was also mentioned, he said. The Commission hopes to conclude negotiations over Safe Harbor by the end of May.
Schrems said he and others asked the court to invalidate the Safe Harbor agreement.
Despite the serious implications of invalidating the Safe Harbor rules, it would not make data exchanges between the EU and U.S. impossible, Schrems said. Self-certified companies might lose their rights but would still be able to apply for data transfers under a number of other legal regimes. Nevertheless, a revocation may make it harder for U.S. companies to retrieve data from the EU and they might be prompted to invest in secure European data centers, he said.
Tuesday's hearing in Luxembourg will start at 9.30 a.m. CET and will be open to the public. No live stream of the proceedings will be provided or permitted, a spokeswoman said.
The CJEU will take at least five months to make its decision.
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