Nov 292019
 
 November 29, 2019  Posted by  Non-U.S.

Lisa Peets, Kristof Van Quathem, Bart Van Vooren, Sam Jungyun Choi and Gemma Nash of Covington and Burling write:

The Advocate General’s (“AG”) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”), has been delayed until the 19th December 2019.  (The original publication date was set for the week before, on the 12th December.)

The primary question before the European Court of Justice (“ECJ”), and the AG, in Schrems II is whether the European Commission’s standard contractual clauses (“SCCs”) are valid for transfers of personal data to the United States. Given the widespread reliance on the SCCs for data transfers to the United States and other countries around the world, the ECJ’s judgment is likely to have significant ramifications for many organizations.  The AG’s Opinion, while not binding, will likely give an initial indication of where the ECJ will land.

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