
Standard Contractual Clauses live to fight another day.
“(There) is an obligation — placed on the controllers … and, where the latter fail to act, on the supervisory authorities … — to suspend or prohibit a transfer when, because of a conflict between the obligations arising under the standard clauses and those imposed by the law of the third country of destination, those clauses cannot be complied with – writes European Union Advocate General Henrik Saugmandsgaard Øe, who released his opinion in the so-called “Schrems II” case.
The Court of Justice of the European Union is expected to issue a final decision in the coming months.
Details from the International Association of Privacy Professionals’ Caitlin Fennessy.