163. (1) The Commission, where it considers that a place to which personal data are to be transferred does not ensure an adequate level of protection, may apply to the High Court for a determination as to whether the level of protection ensured by the place is adequate.

(2) An application under subsection (1) may be made notwithstanding that the place concerned is the subject of an implementing act pursuant to Article 45(3) of the Data Protection Regulation or, as the case may be, Article 36(3) of the Directive.

(3) The Commission, where it considers that a standard data protection clause does not provide for appropriate safeguards, may apply to the High Court for a determination as to whether the standard data protection clause provides for appropriate safeguards.

(4) For the purposes of this section, the adequacy of the level of protection referred to in subsection (1) shall be assessed in accordance with, as the case may be, Article 45(2) of the Regulation or Article 36(2) of the Directive.

(5) In this section—

“place” means a third country, a territory or one or more specified sectors within a third country, or an international organisation;

“standard data protection clause” means a standard data protection clause to which point (c) or (d) of Article 46(2) of the Data Protection Regulation applies.