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 19^th December 2019.  (The original publication date was set for the week before, on the 12^th 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.