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Latest / The Privacy Partnership Podcast with Robert Bateman

The Accidental Americans v FATCA: Like the Schrems cases, but for tax

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The CJEU will soon hear the Belgian DPA's case against FATCA, the tax treaty that results in the systematic bulk transfer of data about thousands of "Accidental Americans" to the IRS.

FATCA is a US law intended to prevent US citizens from hiding assets in foreign banks.

But it also hits "Accidental Americans"—people who might have been born in the US and acquired a US passport, but have very little connection to the country.

Under an intergovernmental agreement (IGA), the Belgian state regularly transfers personal data to the Inland Revenue. In May 2023, the DPA ordered these…

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