Articles

Standard Contractual Clauses debate referred to the CJEU

Standard Contractual Clauses debate referred to the CJEU

Standard Contractual Clauses debate referred to the CJEU

04.10.2017 BE law

On 3 October 2017, the Irish Court referred to the CJUE for a preliminary ruling on the validity of the SCC Decisions.

Max Schrems, after his successful claim seeking the invalidity of the US-EU Safe Harbor decision, complained to the Irish Data Protection Commissioner ("DPC") about the transfer of his personal data from Facebook Ireland to Facebook Inc. in the United States of America.

More precisely, Max Schrems challenged the validity of the agreement between Facebook Ireland and Facebook Inc., which was concluded on the basis of a decision of the European Commission authorizing the transfer of data from EEA-based data exporters to data importers outside the EEA on the basis of standard contractual clauses ("SCC").

The Irish DPC decided to refer this question on the validity of three European Commission Decisions (i.e. Commission Decision 2001/497/EC of 15 June 2001, Commission Decision 2001/915/EC of 27 December 2004, and Commission Decision 2010/87/EU of 5 February 2010 (the "SCC Decisions") to the Irish High Court.

In its decision, the Irish High Court stated: "European Union law guarantees a high level of protection to EU citizens as regards the processing of their personal data within the EU. They are entitled to an equivalent high level of protection when their personal data are transferred outside the EEA." Further, as the court finds that the DPC has raised well-founded concerns regarding the validity of the SCC Decisions, it decided to refer the case to the CJEU for a preliminary ruling.

The full decision can be found here

 

 

Team

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