All posts by Janine Fess

Summary The Irish High Court has made a preliminary reference to the Court of Justice of the European Union (“CJEU”), asking whether standard data protection clauses (“standard clauses”) are compatible with the legal rights of data subjects under EU law. Standard clauses are currently used as an appropriate safeguard to facilitate the transfer of personal data outside of the European Economic Area (the “EEA”). The reference to the CJEU comes despite previous decisions from the European Commission (the “Commission”) that have approved their use. It is worth noting that the reference does not invalidate the use of standard clauses for the moment. However, a judgment from the CJEU that does so would have implications for billions of euros worth of trade between the EU and the rest of the world. If the CJEU decides to render the use of standard clauses invalid, this would leave extremely limited scope for compliant data transfers … Continue Reading ››