Schrems Ruling: Renewed Scrutiny of Standard Contractual Clauses for EU-US Personal Data Flows

Earlier this month, in the latest ruling to emerge from the privacy campaign initiated by activist Max Schrems, the Irish High Court cast fresh doubt on the legitimacy of so-called Standard Contractual Clauses (“SCCs”, also commonly referred to as Model Contracts) as an approved method of ensuring lawful personal data transfers from the European Economic Area (“EEA”) to the United States.

In this case, Mr. Schrems, joined by the Irish Data Protection Commissioner (“DPC”), objected to Facebook Ireland Ltd. transferring personal data to its parent company in the U.S., Facebook Inc.

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