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Advocate General Confirms Validity of EU Standard Contractual Clauses

  • 14/01/2020
  • Articles

Advocate General Henrik Saugmandsgaard Øe recently delivered his opinion in the Facebook Ireland and Schrems case, (also known as the Schrems II case). The Advocate General states that the validity of the Commission Decision approving standard contractual clauses for the transfer of personal data (SCCs) cannot be called into question. At the same time, the Advocate General indicated that controllers and supervisory authorities have an obligation to suspend transfers on the basis of SCCs if the obligations contained in the clauses cannot be guaranteed under the laws of the data importer.

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