Commenting on the opinion today by the CJEU in the Schrems II case Antony Walker, Deputy CEO techUK said:
“Today’s opinion suggests that Standard Contractual Clauses (SCCs) will remain a valid method to transfer data from the EU to third countries. This will be welcomed by European businesses across all industries and sectors transferring data outside of the EU. The opinion is particularly important for UK SMEs that have invested heavily in putting SCCs in place to ensure that data can continue to flow between the UK and the EU after Brexit and is therefore very significant for UK businesses.
“However, the Advocate General’s opinion was less definitive on questions around the EU-US Privacy Shield. The Advocate General questioned the validity of the Privacy Shield on the right to respect for private life and the right to an effective remedy. There will be a lot of focus on how these questions are addressed by the final CJEU ruling. Whilst today’s opinion doesn’t take away all the uncertainty for businesses related to this case, the opinion will be viewed positively particularly given the additional confidence it has given in the legal validity of SCC. techUK hopes that the CJEU upholds this ruling in early 2020 given the huge ramifications for all businesses of ending the use of SCC’s.”