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Facebook data transfers soon once again under scrutiny of European Court of Justice

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Facebook data transfers soon once again under scrutiny of European Court of Justice

Model contracts are standard contractual clauses that the EU Commission has decided provide "adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights”. Following Safe Harbour demise, and the uncertainties surrounding its successor Privacy Shield , thousands of multinational companies have adopted this solution which allows them to avoid the costs of establishing data centers in the European territory. 

The Irish Data Protection Authority referred Schrems case regarding Facebook’s use of model contracts to the Irish Courts with recommendation that a decision be sought from the Court Of Justice of the European Union. Helen Dixon,  Irish Data Protection Commissioner, declared that she would “seek declaratory relief in the Irish High Court and a referral to the [ECJ] to determine the legal status of data transfers under Standard Contractual Clauses”. According to arstechnica  papers will be lodged in the courts six days from now.
Schrems declared that “there is no way that the ECJ can say that model contract clauses are valid if they killed Safe Harbour on the same grounds.”


Elena Perotti's picture

Elena Perotti


2016-05-27 12:25

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