Advocate General Henrik Saugmandsgaard Øe Questions Transfers To Third Countries

On 19 December 2019 the Advocate General with the European Court of Justice ("ECJ") Mr. Henrik Saugmandsgaard Øe published his opinion in the case "Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems" (case C-311/18; "Schrems II"). Companies transferring personal data to countries outside of the EU ("third countries"; "international data transfers") should pay particular attention to this case. In the future, a data protection supervisory authority ("DPA") could prohibit international data transfers although Standard Contractual Clauses ("SCC") have been agreed upon (and complied with). This could also impact other safeguards in the context of international data transfers (e.g. Binding Corporate Rules; "BCR").