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Tuesday, January 23, 2018

Irish High Court Preparing Model Contract Questions for CJEU

After four days of hearings ending on January 18, which included submissions from the Irish DPA, Facebook, Max Schrems, the US government and other interested parties, High Court Justice Caroline Costello will decide exactly what questions and statements of fact will be put before the Court of Justice of the European Union with respect to the adequacy of standard contractual clauses as a safeguard when transferring personal data from Europe to the US. Justice Costello had previously expressed the hope that the parties to the case brought by Schrems would work together and agree upon the precise language of the questions to be brought to the CJEU, but there was no indication that any such agreement had been reached.  With legal challenges already pending against the EU-US Privacy Shield framework, a CJEU ruling against reliance upon model contracts could completely disrupt trans-Atlantic data flows and trade.  No date was set for when the High Court’s referral to the CJEU would be finalized.

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