Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Articles
    4. Advisor to the EU s highest court finds Facebook s method for transferring data abroad validArticles

    Article

    Advisor to the EU s highest court finds Facebook s method for transferring data abroad valid

    Jan 7, 2020

    Share

    Christian Albano

    General to the Court of Justice of the European Union (CJEU), found that “standard contractual clauses” are valid and legal provisions for the transfer of Europeans’ personal data to entities outside of the European Union.

    Special thanks to Christian Albano for his contributions to this post

    In a written opinion published in December 2019, Henrik Saugmandsgaard Øe, Advocate General to the Court of Justice of the European Union (CJEU), found that "standard contractual clauses" are valid and legal provisions for the transfer of Europeans' personal data to entities outside of the European Union.

    The Advocate General's opinion stems from a challenge by Max Schrems, an Austrian privacy activist, to Facebook Ireland's transfer of his personal data to Facebook, Inc.'s servers, which are located in the United States. Facebook Ireland is a subsidiary of the U.S.-based Facebook, and is the headquarters for Facebook in the E.U.

    In challenging Facebook's practices, Schrems pointed to Edward Snowden's disclosure of the operations of U.S. intelligence agencies, such as the National Security Agency (NSA), and claimed, among other things, that the law and practices of the U.S. do not adequately protect his data and the rights to privacy provided to him by the Charter of Fundamental Rights of the European Union.

    Facebook Ireland asserts that the data transfer processing agreement it has with Facebook provides the legal basis for its transfer of Schrems' personal data because it contains the aforementioned "standard contractual clauses."

    "Standard contractual clauses" come from a 2010 decision of the E.U.'s executive branch, the European Commission, which provided a set of provisions it found afforded sufficient safeguards to protect Europeans' fundamental privacy rights when their data is transferred abroad.

    Although Advocate General Øe's decision is not binding on the CJEU, Facebook will likely view it as a step in the right direction for continuing its data transfer practices, as CJEU decisions are typically consistent with the Advocate General's recommendations. The CJEU's ultimate decision on whether "standard contractual clauses" adequately protect E.U. citizens' privacy rights will inform, and could significantly impact, companies' decisions about their data transferring processes going forward.

    PrivacyCybersecurity

    Practices

    Cybersecurity & Privacy

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL