Crucial decision by Working Party 29 expected February 3, 2016 on validity of Standard Contractual Clauses and Binding Corporate Rules for data transfers to U.S.

Following the judgement of the European Court of Justice in Schrems v Data Protection Commissioner invalidating the Safe Harbor for data transfers to the U.S., companies rely on alternative basis for their data transfer to the U.S., such as Standard Contractual Clauses and Binding Corporate Rules. The Working Party 29 is scheduled to convene for a plenary meeting at 2 and 3 February to discuss consequences of the Schrems judgment, which must inevitably include the impact on the alternative data transfer mechanisms, and will decide whether companies can continue relying on Standard Contractual Clauses and Binding Corporate Rules. If the alternative mechanism would be invalidated, companies are left with no alternative mechanisms to legalize their transfers to the U.S.