The Advocate General of the Court of Justice of the European
Union issued a non-binding written opinion (the
"Opinion") in relation to case C-311/18
Data Protection Commissioner v Facebook Ireland Limited,
Maximillian Schrems, which is currently being deliberated upon by
the judges within the Court of Justice of the European
Union.
In his Opinion, the Advocate General held that the use of
Standard Contractual Clauses ("SCCs")
which data processing entities must enter into in order to transfer
personal data to a country located outside of the EU and that is
not subject to an adequacy decision (a "Third
Country") is a valid safeguard in the protection of
the personal data being processed. The Advocate General
opined that the SCCs in fact offer a sufficient amount of data
protection despite some of the concerns raised by Mr Schrems.
The Advocate General went on to state that he considers,
inter alia, that the SCCs provide a "general
mechanism applicable to
