Model Contracts (“Standard Contractual Clauses”) Complaints after the CJEU Judgment on “Safe Harbor” (C-362/14)
In Summer 2013 the US spy scandal (including the “PRISM” program) was uncovered through the Edward Snowden revelations. On October 6th 2015 the European Court of Justice has invalidated the “Safe Harbor” decision, finding that US “mass surveillance” violates the essence of Articles 7 and 47 of the EU’s Charter of Fundamental Rights. Facebook has then moved to so-called “Standard Contractual Clauses” (SCCs) to justify its EU-US data transfers. However SCCs do not protect personal data from surveillance like PRISM and are consequently insufficient to allow EU-US data flows.
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