Improper Implementation of EU Data Protection Law Regarding Use of the Standard Contractual Clauses in Germany

Abstract

Some state data protection authorities (DPAs) in Germany have questioned the legal sufficiency of the European Commission’s standard contractual clauses for international data transfers. This raises important questions under EU law, and may potentially destroy the utility of the clauses and undermine respect for Commission decisions, particularly if this attitude spreads to other Member States as well.

Keywords: European Union, data protection, privacy, Germany, standard contractual clauses