Back to the archive

The encyclopedia · Legal & Compliance · Legal decision · 2021–2024

Uber moved EU driver data to the US for two years with no safeguards — a €290M GDPR fine

Uber stopped using contract clauses for EU driver data in 2021 and adopted no replacement — the Dutch DPA fined it €290M, its largest GDPR bill yet.

Uber · 2024-08-26

What happened

On 26 August 2024 the Dutch data protection authority (Autoriteit Persoonsgegevens) fined Uber €290 million ($324M) for transferring European drivers' personal data to the United States without any GDPR-approved transfer mechanism. The Dutch regulator had jurisdiction because Uber's EU headquarters sits in the Netherlands.

The violation ran for more than two years, from August 2021 until late 2023: Uber stopped using Standard Contractual Clauses and adopted no successor until the EU–US Data Privacy Framework became available. The data in transit included account details, taxi licences, location records, photos, payment details, identity documents — and in some cases criminal and medical records.

The case began with more than 170 French drivers complaining through the human rights group Ligue des droits de l'Homme. Uber called the fine unjustified and said it would appeal, arguing that cross-border transfer rules were in flux during that period. It was the Dutch DPA's third fine of Uber, after €600,000 in 2018 and €10M in 2023.

Why it happened

  • When the legal basis for a data transfer is invalidated, the transfer must stop or adopt a replacement at once — every day run without one is added to the eventual fine.
  • Jurisdiction follows the company's EU establishment, not the workers' location, so a complaint filed in France by drivers landed with the Dutch regulator.
  • 'The rules were uncertain' describes the risk, not a defence: the company that keeps moving sensitive data carries the uncertainty itself.
What it cost€290M ($324M) finecostly

The lesson

International data transfers need a live legal mechanism at all times — when yours is struck down, pausing the transfer is cheaper than two years of hindsight fines.

Sources

spotted an error? The club wants to know.

Comments · 0

    Sign in to join the comments.

    More like this

    Somewhere, someone solved the problem this company failed at. 2nd Opinion →