Schrems II Update – Questions for CJEU Still Under Consideration

The Irish High Court is considering the questions to be referred to the Court of Justice of the European Union (“CJEU”), following the landmark decision on 3 October 2017 that questions regarding the validity of standard contractual clauses (“SCCs”) should be referred (further details of which can be found here).  Ms Justice Costello finished hearing the parties and amici on the precise content of the questions to be referred on 18 January 2018.  Since the parties were unable to agree on their scope, never mind specific wording, it is likely to be a number of weeks before Ms Justice Costello finalises the questions.  The final wording will be crucial to assessing the potential implications of these proceedings for existing mechanisms for transferring personal data outside the EU, including the SCCs, Privacy Shield and Binding Corporate Rules.

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