The Irish High Court has today confirmed that it will be seeking a ruling from the Court of Justice of the European Union (“CJEU”) on questions as to the validity of the standard contractual clauses mechanism for transfers of personal data between the EU and the US. A ruling from the CJEU on this issue is likely to have global repercussions on the way international data transfers are handled. Witness the impact of the CJEU’s ruling on the Safe Harbor mechanism.
The specific questions on which the CJEU will be asked to rule have not yet been formulated. Until a final judgment from the CJEU, the standard contractual clauses remain valid and their use is in no way prohibited, but caution is advised.
Come back to TILT for updates and for more detail on the issues put before the High Court see here.