Is the DPC actually stopping Facebook's EU-US data transfers?! ..maybe half-way!
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Data Transfers Is the DPC actually stopping Facebook's EU-US data transfers?! ..maybe half-way! The WSJ reported on Wednesday night that the Irish Data Protection Commission ("DPC") has allegedly issued a "preliminary order" for Facebook to stop EU-US data transfers. Earlier this week, we informed the DPC that we plan to file an interlocutory injunction over their decision to instigate a "second" investigation into the matter, as doing so would breach a 2015 court order. At the same time, Facebook seems to have (yet again) shifted the legal basis it relies on for EU-US data transfers in the aftermath of the judgment by the CJEU on "Privacy Shield" and the use of Standard Contractual Clauses ("SCCs"). Facebook is now using an alleged "need" to outsource data processing operations to the US under the user agreement and Article 49(1)(b) GDPR. According to our knowledge, this new legal basis is outside of the scope of the 'preliminary order' of the DPC. noyb is now publishing three letters