Can a contract require the data importer to challenge every request for data disclosure received from a public authority?

ANSWER

No. According to Clause 15.2 of the SCCs, the data importer must assess whether any request it receives is lawful under the applicable national law. If the data importer determines that there are reasonable grounds to believe that the request is unlawful (for example, if it is clear that the requesting authority has exceeded its powers), the data importer should make use of the procedures available under national law to challenge the request. If the data importer has challenged the request and believes that there are sufficient grounds to appeal a first-instance decision, it should file such an appeal.