Validity of Standard Contractual Clauses to be referred to CJEU

The Irish High Court delivered a key judgment regarding the transfer of personal data outside the European Economic Area on 3 October 2017.  In the case commonly referred to as the ‘Model Clauses Case’ or ‘Schrems II’ (Data Protection Commissioner v Facebook Ireland & Maximillian Schrems), Ms Justice Costello ruled that questions relating to the validity of the European Commission decisions regarding the standard contractual clauses should be referred to the Court of Justice of the European Union for a preliminary ruling.  The specific details of the questions to be referred to the CJEU have yet to be determined and the parties to the proceedings will be afforded an opportunity to make submissions on these points.

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