Data transfer clauses used by Facebook are legal, says EU court adviser, risks ahead

LUXEMBOURG: Standard contracts used by Facebook and many other firms to send users' data to third countries are valid, a legal adviser to the EU said on Thursday, but he left scope for such transfers to be blocked if EU data protection standards are not met in those states.

However, he added privacy regulators must prohibit such data transfer when there is a conflict between obligations related to standard clauses and those imposed by the law of the third country of destination."Everyone will still be able to have all necessary data flows with the U.S., like sending emails or booking a hotel in the U.S.," he said.

"It is really upon the United States to ensure baseline privacy protections for foreigners. Otherwise no one will trust U.S. companies with their data." The court should follow the adviser's opinion on the clauses, said Patrick Van Eecke, global chair of law firm DLA Piper's data protection practice.

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