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E. Pernot-Leplay, PhD

Digital Sovereignty & Data Protection Law

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Schrems vs. Facebook: will the EU Standard Contractual Clauses survive?

By Emmanuel Pernot-Leplay. Updated on 21 October 2017

Will the EU Standard Contractual Clauses survive the new battle between Facebook and Maximilian Schrems? On October 3, 2017, the Irish High Court issued a decision requesting the CJEU to evaluate the validity of the EU Standard Contractual Clauses (SCCs). These clauses are used to export personal data collected in the European Economic Area (EEA) to a third country.

By this decision, the High Court acknowledges that there are “well-founded grounds for believing that [the EU Standard Contractual Clauses] are invalid,” and that it is therefore necessary to refer them to the CJEU to ensure uniform  data protection in the EU (see paragraph 338 of the judgment).

[Read more…] about Schrems vs. Facebook: will the EU Standard Contractual Clauses survive?

Filed Under: Europe, Legal Tagged With: Data Transfer, European Union, GDPR, Privacy Shield, Standard Contractual Clauses

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Researcher at Tilburg University (Netherlands).
Ph.D. in Comparative Law, specialised in Data Protection (Shanghai Jiao Tong University). About & Publications

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Schrems vs. Facebook: will the EU Standard Contractual Clauses survive?