Here We Go Again: Schrems 2 Puts The Model Clauses For Transfer Of EU Personal Data In Doubt

On October 3, 2017, the High Court of Ireland rendered a decision in The Data Protection Commissioner v. Facebook Ireland Limited & anor, [2017] IEHC 545. This decision, which could well be labeled Schrems 2, is effectively a sequel to the original Schrems decision, based on the same underlying facts and issues. In this most recent decision, the High Court has granted a request from the Irish Data Protection Commissioner ("DPC") for a reference to the CJEU for a ruling on the validity of the so-called "Model Clauses" (or "Standard Contractual Clauses") for transfer of EU personal data to the US. In so doing, it has set in motion a potentially drastic shake-up of the existing order for export of EU personal data, which could ultimately have far broader consequences than the first Schrems decision.