Disclaimer

The new DPC website is currently under construction. Our latest guidance in relation to GDPR, which comes into effect on 25th May, 2018, can be found at gdprandyou.ie and via pages on this website starting with "NEW" as per the navigation pane on the left. All other material on this site relates to the previous legislative regime under the Data Protection Acts 1988-2003 ("the Acts"). While the Acts may continue to apply in some circumstances, as of 25th May, 2018 the GDPR is the primary piece of legislation governing data protection.

Data Protection Commission

 Litigation concerning Standard Contractual Clauses 

Note: This webpage is purely for guidance, and does not constitute legal advice or legal analysis. Up to date as of 09.05.2018.
 
On 31 May 2016, the Data Protection Commissioner (DPC) commenced proceedings in the Irish High Court. The purpose of these proceedings was to seek a reference to the Court of Justice of the European Union (CJEU) in relation to the “standard contractual clauses” (SCCs) mechanism under which, at present, personal data can be transferred from the EU to the US. The title of those proceedings is “Data Protection Commissioner v. Facebook Ireland Limited & Maximilian Schrems”. The Court Record (reference) Number is 2016/4809P.
 
Explanatory Memoranda, dated September 2016 to May 2018, can be accessed below and provide links to:
 
  • The substantive judgment delivered in these proceedings (3 October 2017 which was subsequently amended on 12 April 2018), the Executive Summary of same (3 October 2017), the Request for a Preliminary Ruling from the CJEU (12 April 2018), as well as judgments delivered in relation to preliminary procedural matters and a judgment (2 May 2018) refusing an application by Facebook Ireland Limited (Facebook) for a stay on the making of the reference to the CJEU pending its appeal against the making of the reference;
  • The expert witness evidence provided on behalf of the DPC;
  • The transcripts in respect of each day of the substantive hearing before Ms Justice Costello in the Irish High Court which took place during February - March 2017; and
  • The background to these proceedings and the reasons why these proceedings were taken by the DPC.
 

 

These Explanatory Memoranda can also be accessed below.

 

1. Explanatory Memos

2. Judgments

3. Expert Evidence

4. Transcripts