Privacy Shield and Standard Contractual Clauses will be assessed by European Courts
On the first and second of the July, the General Court of the European Union (which is part of the Court of Justice of the European Union (CJEU)) will hear a case against the EU-U.S. Privacy Shield brought by three French NGOs, La Quadrature du Net, French Data Network and Fédération FDN.
A week later, on 9 July, the CJEU will hear arguments in Schrems II, in which the Irish High Court has referred 11 questions relating to whether the European Commission’s Standard Contractual Clauses (SCCs) provide an adequate level of protection for personal data which is transferred to the US.
Judgments in these cases are expected towards the end of 2019 or beginning of 2020. there is high probability that either or both the Privacy Shield and SCCs will be invalidated as a mechanism for transferring personal data outside the EU, in a similar manner to the invalidation of Safe Harbor in 2015.
Source: Transfers on Trial: Privacy Shield and Standard Contractual Clauses go before the European Courts
