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Digital Business Lawyer

Schrems II: Validity of SCCs referred to the CJEU

In the latest case involving data privacy activist Maximillian Schrems and Facebook Ireland, on 3 October 2017 the Irish High Court decided to refer the validity of standard contractual clauses (‘SCCs’) for a preliminary ruling to the Court of Justice of the European Union (‘CJEU’). The case concerns the transfer of personal data from Facebook Ireland Limited to its parent company in the US, Facebook Inc., and raises issues as to whether a basis for doing so used by Facebook, namely the use of SCCs, were lawful under Irish and EU data protection law. Peter Bolger, Partner and Head of IP, Technology and Privacy at LK Shields Solicitors, analyses here the background to the case and the Irish High Court’s decision.

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