On 16 October 2015, the Article 29 Working Party (WP29) issued a statement following the ruling handed down by the EU Court of Justice (CJEU) on the ‘Schrems case’, which was reported in a previous news item on our website. Although not binding, the WP29’s statement is significant since it provides welcome guidance on the CJEU’s decision. The statement emphasizes that transfers of data still taking place under the Safe Harbour Scheme and therefore after the CJEU’s ruling are unlawful. One of the fundamental points made by the WP29 is that EU Standard Contractual Clauses (or Model Clauses) and Binding Corporate Rules (BRCs) can still be relied on by companies transferring EU personal data to the US. The WP29 warns, however, that using such Model Clauses or BRCs will not prevent data protection authorities to investigate particular cases, in the case of complaints.
The full statement can be accessed at: http://ec.europa.eu/justice/data-protection/article-29/press-material/press-release/art29_press_material/2015/20151016_wp29_statement_on_schrems_judgement.pdf