BREAKING: Irish High Court refers Facebook case to CJEU

The Irish High Court has decided to ask the Court of Justice of the European Union to determine the validity of the so-called ‘Standard Contractual Clauses’, as follows from the judgement that was published today. The judge, Caroline Costello, indicated in her judgment that she concurred with the view of the Irish Data Protection Commissioner that there are founded grounds for considering the decisions of the European Commission by means of which the standard contractual clauses were approved, to be invalid. Which questions will exactly be referred to the Court of Justice of the European Union, will be determined at a later stage.

For more information on the standard contractual clauses, we refer to our update of 16 November 2016.

Sources: Executive summary of the judgment of the High Court of 3 October 2017, Irish Times of 3 October 2017


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