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C-311/18 (“Schrems II”), AG’s Opinion: Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established in third countries is valid

Transfer of personal data towards third countries: the AG suggests that Commission Decision 2010/87/EU, establishing standard contractual clauses for the transfer of personal data to processors established in third countries, is compliant with Art. 7, 8 and 47 of the EU Charter of Fundamental Rights, as it includes mechanisms ensuring that unlawful transfers can be suspended or prohibited, thus ensuring protection of the data subjects’ fundamental rights.

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