The Advocate General’s (“AG”) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”), has been delayed until the 19th December 2019.  (The original publication date was set for the week before, on the 12th December.)

The primary question before the European Court of Justice (“ECJ”), and the AG, in Schrems II is whether the European Commission’s standard contractual clauses (“SCCs”) are valid for transfers of personal data to the United States. Given the widespread reliance on the SCCs for data transfers to the United States and other countries around the world, the ECJ’s judgment is likely to have significant ramifications for many organizations.  The AG’s Opinion, while not binding, will likely give an initial indication of where the ECJ will land.

Covington represents the Software Alliance (“BSA”) in Schrems II and in a second case of equal significance, involving a challenge to the EU-U.S. Privacy Shield. That case, Case T-738/16, La Quadrature du Net and Others v Commission (“LQDN”), is currently pending before the EU General Court. Both the Schrems II and LQDN cases could dramatically affect the global business community.

For a re-cap on the oral hearing in Schrems II that took place in July this year, please see our client alert here.  Our team will continue to provide updates as the case develops.

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Photo of Lisa Peets Lisa Peets

Lisa Peets leads the intellectual property and technology and media groups in the firm’s London office. Ms. Peets divides her time between London and Brussels, and her practice embraces legislative advocacy, trade and IP enforcement. In this context, she has worked closely with…

Lisa Peets leads the intellectual property and technology and media groups in the firm’s London office. Ms. Peets divides her time between London and Brussels, and her practice embraces legislative advocacy, trade and IP enforcement. In this context, she has worked closely with leading multinationals in a number of sectors, including many of the world’s best-known software and hardware companies.

On behalf of her clients, Ms. Peets has been actively engaged in a wide range of law reform efforts in Europe, on multilateral, regional and national levels. This includes advocacy on EU and national initiatives relating to e-commerce, copyright, patents, data protection, technology standards, compulsory licensing, IPR enforcement and emerging technologies. Ms. Peets also counsels clients on trade related matters, including EU export controls and sanctions rules and WTO compliance.

In the IP enforcement space, Ms. Peets coordinates a team of lawyers and Internet investigators who direct civil and criminal enforcement actions in countries throughout Europe and who conduct global notice and takedown programs to combat Internet piracy.

Ms. Peets is a member of the European Commission’s Expert Group on reform of the IP Enforcement Directive.

Photo of Bart Van Vooren Bart Van Vooren

Bart Van Vooren has a broad life sciences practice supporting innovative pharmaceutical, food, medtech and biotech companies on EU regulatory, commercial and strategic policy assignments. He is widely recognized for his expertise on general EU law and procedure, as well as his extensive…

Bart Van Vooren has a broad life sciences practice supporting innovative pharmaceutical, food, medtech and biotech companies on EU regulatory, commercial and strategic policy assignments. He is widely recognized for his expertise on general EU law and procedure, as well as his extensive litigation experience before the EU Court of Justice in dozens of cases.

Over the past seven years, Mr. Van Vooren has developed a niche practice on compliance with the Biodiversity Convention and the Nagoya Protocol, a set of rules to combat bio-piracy worldwide. He has accumulated unique, practical experience in dozens of jurisdictions around the world, and has handled everything from benefit-sharing negotiations, over compliance programs, to inspections by authorities.

Finally, Mr. Van Vooren has an active pro bono practice assisting NGOs defending the human rights of persons with a disability through strategic litigation.

Gemma Nash

Gemma Nash advises emerging and leading companies on data protection and intellectual property issues, including cybersecurity, copyright, trademarks, and e-commerce. She has experience advising companies in the technology, pharmaceutical, and media sectors. Her practice encompasses regulatory compliance and advisory work. Ms. Nash regularly…

Gemma Nash advises emerging and leading companies on data protection and intellectual property issues, including cybersecurity, copyright, trademarks, and e-commerce. She has experience advising companies in the technology, pharmaceutical, and media sectors. Her practice encompasses regulatory compliance and advisory work. Ms. Nash regularly provides strategic advice to global companies on complying with data protection laws in Europe and the UK.