Major Boost For Standard Contractual Clauses Challenged By The Schrems 2.0 Case, But More Uncertainty For The Privacy Shield

We reported in July 2019 that the Court of Justice of the European Union (CJEU) heard a case brought by privacy-rights activist Max Schrems, challenging the validity of Standard Contractual Clauses (SCCs), which are widely used to transfer personal data outside the European Union (C-311/18, Data Protection Commissioner v Facebook Ireland Limited, Maximilliam Schrems ("Schrems II", our post here)). On December 19, 2019, in an eagerly anticipated development, Advocate General Henrik Saugmandsgaard Øe provided his legal opinion (the "AG Opinion"), which although not binding, is significantly influential. The AG Opinion states that the analysis of the questions put to the CJEU has disclosed "nothing to affect the validity" of SCCs. This is a welcome development for businesses transferring personal data globally, but it is not the final word. The ruling of the CJEU, who sat in its 15-judge Grand Chamber which only occurs in respect of particularly complex or important