Facebook’s EU-US data transfer mechanism ‘cannot be used’, says DPC



The key mechanism used by Facebook to transfer data from the EU to the US “cannot in practice be used” for such transfers, according to Ireland’s Data Protection Commission, Facebook said on Wednesday.

The US social media giant said in a blog post that it believed the mechanism, Standard Contractual Clauses (SCCs), had been deemed valid by the Court of Justice of the European Union in July, adding: “We will continue to transfer data in compliance with the recent CJEU ruling and until we receive further guidance.”

Facebook said the Irish Data Protection Commission, Facebook’s lead regulator in the EU, had “commenced an inquiry into Facebook controlled EU-US data transfers, and has suggested that SCCs cannot in practice be used for EU-US data transfers”.

The Wall Street Journal reported that the Commission had sent Facebook a preliminary order to suspend data transfers to the United States about users in the European Union.

A spokesman for the Commission declined to comment on the report.


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