Bloomberg BNA Quotes Van Den Bulck on EU Data Transfer Privacy Rules

January 11, 2017

Brussels partner Paul Van den Bulck was quoted extensively in a Jan. 3 Bloomberg BNA story about, among others, the EU Commission decision of Dec. 16, 2016, amending previous decisions on Standard Contractual Clauses.

Van den Bulck told Bloomberg that giving national privacy regulators the power to suspend or forbid data transfers based on Standard Contractual Clauses (SCCs) previously adopted by the EU Commission, but that don’t have adequate legal privacy safeguards, will oblige companies to pay serious attention to their transfers to avoid suspension or interdiction.

“It was good sense and a clever move from the EU Commission to propose the amendments,” he said, noting that the proposed revisions restore the proper authority of national privacy regulators.

The EU Commission’s decision, however, confirms the continuing viability of SCCs. SCCs are among the most widely used legal mechanisms for transferring personal data (equivalent in the U.S. of "personally identifiable information") outside the continent, but various judicial actions within the EU had put the future validity of these clauses in doubt.

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