The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court judgment stating that there are “well founded grounds” to find the Model Clauses invalid. The issue of Model Clauses as a legitimate data transfer mechanism will now be adjudicated by the European Court of Justice (ECJ), the same court that previously overturned the Safe Harbor arrangement. EU and US companies will need to consider various strategies in anticipation of this decision.
Irish Court Casts Serious Doubt on EU Model Clauses
By Amy C. Pimentel, Katherine F. Froelicher, Michael G. Morgan, Mark E. Schreiber and Romain Perray on October 17, 2017
Amy C. PimentelAmy C. Pimentel focuses her practice on privacy and data security and general health law. Her clients operate in a variety of industries, including health care, consumer products, retail, food and beverage, technology, banking and other financial services. Read Amy Pimentel's full bio.
Katherine F. FroelicherKatherine F. Froelicher focuses her practice on complex civil litigation and regulatory issues in the alcohol beverage industry. Katherine concentrates on e-discovery and data management issues relative to white-collar criminal defense, contract disputes and corporate compliance. She has completed extensive training on the proper utilization of litigation technology and is recognized as a Relativity Review Specialist by kCura, developers of Relativity. In addition, Katherine counsels clients on federal and state requirements relating to the distribution and sale of alcohol beverages. Read Katherine Froelicher's full bio.
Michael G. MorganMichael Morgan is a leader of the Firm’s Global Privacy and Cybersecurity practice. Recognized as one of the nation’s leading lawyers in cyber incident response, Mike has guided clients through some of the largest and most complex data breaches, including state-sponsored attacks, breaches involving more than 50 million records, and incidents affecting persons in more than 100 countries around the world. He represents clients in the defense of breach-related government investigations and class action litigation as well as pre-breach planning and post-breach remediation. Read Michael Morgan's full bio.
Mark E. SchreiberMark E. Schreiber focuses his practice on cybersecurity, data breach response and global privacy coordination. He advises entities facing cross-border data protection, Privacy Shield and related issues, strategic decisions, and investigations. Mark has led numerous multi-national and cross-border matters, including those involving data breaches, and has advised senior management, boards, and special board committees on a variety of investigations, including data breach prevention and response. Mark is a leader of the Firm’s Global Privacy and Cybersecurity practice. Read Mark Schreiber's full bio.
Romain PerrayRomain Perray has extensive experience in data privacy and data protection law, and lectures on these subjects in Master of Law classes at the University of Paris-I Panthéon-Sorbonne, the University of Paris-II Panthéon-Assas and the University of Paris V Descartes. He advises on the full range of data protection and data security for clients in life sciences, automotive, insurance, e-commerce, leisure, social networks and even the public sector, especially in the context of smart cities projects. Read Romain Perray's full bio.
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