ARTICLE · 24 OCTOBER 2017

Irish Court Casts Serious Doubt On EU Model Clauses

McDermott Will & Emery

Explore more from McDermott Will & Emery

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"...

European UnionPrivacy

Michael G. Morgan

Katherine Froelicher

Author LinkedIn connections

Summary

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 opinion 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, 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.

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

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Eleventh Circuit Developments: Decisions On Florida And Georgia Social Media/Minor Laws And New Alabama Law

United StatesPrivacy

Taft, Stettinius & Hollister LLP

California Partially Eliminates California Invasion Of Privacy Act Claims Faced By Many Companies

United StatesPrivacy

California Data Breach Notice Law Requires Consumer Alerts Within 30 Days

United StatesPrivacy

Miller Shah LLP

CIPA Reform Signed Into Law

United StatesPrivacy

From IAPP To Action: Privacy, Security And AI Governance

United StatesPrivacy

Barnes & Thornburg LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Privacy
- Data Protection

Related Comparative Guides

Comparative Guide

Data Protection & Cybersecurity

See more popular content from

Privacy

California Enacts First-of-Its-Kind Legislation Governing Lawyer AI Use

California Governor Newsom has signed Senate Bill 574 into law, establishing the nation's first statutory framework governing how attorneys and arbitrators use generative AI in their professional practice. The legislation creates specific obligations around confidentiality protection, accuracy verification, and disclosure requirements that take effect January 1, 2027.

United StatesPrivacy

Seyfarth Shaw LLP

Did UPMC Data Breach Ruling Lock Plaintiffs Out Of State Court?

Scott L. Vernick was quoted in The Legal Intelligencer article, "Did UPMC Data Breach Ruling Lock Plaintiffs Out of State Court?" on January 23, 2017.

United StatesPrivacy

Fox Rothschild LLP

SB 54 Is In Effect: What California’s New Packaging Law Means For Your Business

Although being challenged by an injunction filed on August 20, 2026, by a coalition of 17 states, California’s SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act is now in effect, and companies that sell, distribute, import, or ship packaged products into California should be evaluating whether they have compliance obligations.

United StatesPrivacy

Wilson Elser Moskowitz Edelman & Dicker LLP

California’s 2026 Legislative Session Wraps: A Wave Of Privacy And AI Bills Reaches The Governor, With Key Child Safety And AI Measures Signed Into Law

California's 2026 legislative session concluded with Governor Newsom signing several landmark privacy and AI bills into law, including comprehensive child safety measures, AI auditor oversight frameworks, and expanded data protection requirements. How will these new regulations reshape digital advertising, workplace AI deployment, and online platform obligations for businesses operating in California?

United StatesPrivacy

Kelley Drye & Warren LLP

New Laws Target Youth-Facing AI And Online Services

In the last few months, California and New Jersey enacted legislation to protect children online: California’s 13-bill package targets risks to children arising from emerging technologies, while New Jersey’s 3-bill package includes an age-appropriate design code. Despite their differences, these laws share a common focus on protecting children as technology evolves.

United StatesPrivacy

Taft, Stettinius & Hollister LLP

META Settles Multi-state Child Safety And Privacy Litigation

Meta Platforms has agreed to pay $17 billion over ten years to resolve multistate litigation alleging the company engineered Facebook and Instagram to addict minors while concealing the risks. Beyond the historic financial penalty, the settlement mandates sweeping platform changes including default usage limits, overnight lockouts, and parental controls for users under eighteen.

United StatesPrivacy

Troutman Amin LLP

California's Fall 2026 Privacy Roundup: Expanded CCPA Deletion Rights And More

California Governor Gavin Newsom has signed several significant privacy bills that will reshape how businesses handle consumer data, including expanded deletion rights under the CCPA, shortened data broker response cycles, and sweeping new insurance sector privacy requirements. While one landmark bill banning the sale of sensitive personal information was vetoed, the approved legislation requires companies to update their deletion workflows...

United StatesPrivacy

McDermott Will & Schulte

The Data Breach Brief: Week Of September 30th, 2026

Multiple organizations have recently disclosed significant data breaches affecting thousands of individuals, with compromised information ranging from basic contact details to highly sensitive medical records and financial data. The incidents span various sectors including healthcare, insurance, and professional services, raising questions about the scope of exposure and potential remedies for affected individuals.

United StatesPrivacy

Morgan & Morgan

Emerging Enforcement Trends In Digital Health Data Privacy: Lessons From Washington’s My Health My Data, FTC vs. Hims & Hers And UCHealth Enforcement Actions

Federal and state regulators are intensifying scrutiny of healthcare and digital health companies over tracking technologies that share sensitive patient data with advertising platforms. Recent enforcement actions against major telehealth providers and healthcare systems reveal how common marketing practices can trigger significant legal liability under privacy laws, even for organizations not covered by HIPAA.

United StatesPrivacy

Benesch, Friedlander, Coplan & Aronoff LLP

Federal Trade Commission Provides New Guidance On Its Health Breach Notification Rule For Health Apps And Connected Devices

On September 15, the Federal Trade Commission ("FTC") issued a policy statement ("Statement") addressing the scope of its Health Breach Notification Rule ("Rule") on health apps and connected devices.

United StatesPrivacy