Will the EU Model Clause survive?

16.03.2017

This article was first published in Compliance & Ethics Professional, March 2017
Since the fall of the Safe Harbor regime in October 2015, and notwithstanding Privacy Shield, we have seen a rise in the popularity of the EU Standard Contractual Clauses (SCCs). Presenting clients with Data Processing Agreements alongside SCCs has become standard practice for major US-based service providers.
But the SCCs are now under threat in the European Court of Justice (CJEU) and challenged by the same arguments that brought down Safe Harbor.
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Robert Bond

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