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Data Transfers

EU Signals Acceptance of Standard Contractual Clauses For Data Transfers

In a win for Facebook, a senior legal adviser at the European Union Court of Justice said Thursday that standard contracts for the transfer of personal data transfers outside the bloc are in line with EU law on data protection.

But the opinion by Saugmandsgaard Øe, an advocate general at the EU court, also said that transfers to the U.S. under contractual clauses could be stopped if it was shown that the expected safeguards on adequate data protection were not respected.

The legal adviser’s opinion is not binding, but the EU court follows such recommendations in 70% of cases.

The opinion stems from a case initially brought before the Irish courts by privacy advocate Max Schrems, who demanded that Facebook stop data transfers to the U.S. because government authorities there were looking at private data on national security grounds. Facebook’s European headquarters are located in Ireland. [read more]

Source: Simon Taylor | Legaltech News