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).
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