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

Related news

18.02.2019 EU law
Erik Valgaeren moderates a panel on Data Governance and Compliance during IBA's Silicon Beach Conference

Speaking slot - The discussion topic will cover various legal aspects relating to data lifecycle management, both for personal and non personal data. These aspects will include rights in and obligations regarding data, such retention obligations and portability rights. Practical suggestions on holistic data management and the role of the chief data officer will be debated.

Read more

21.03.2019 NL law
15 aspects of Brexit you did not know

Short Reads - A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

Read more

18.02.2019 NL law
Brexit and data protection: preparing for a 'no-deal'

Short Reads - As it stands, the UK will exit the European Union at midnight on 29 March 2019. Therefore, businesses within the UK, or with trade relations with the UK, would be best advised to assume that a no-deal Brexit is inevitable. The exchange of personal data  within the EU is governed by the General Data Protection Regulation (GDPR). In a no-deal Brexit, the GDPR will cease to be applicable in the UK upon its EU exit.

Read more

Our website uses cookies: third party analytics cookies to best adapt our website to your needs & cookies to enable social media functionalities. For more information on the use of cookies, please check our Privacy and Cookie Policy. Please note that you can change your cookie opt-ins at any time via your browser settings.

Privacy – en cookieverklaring