Behind The Headlines: DPC v Facebook And Its Potential Impact On International Trade

Earlier this year, the Irish Data Protection Commissioner commenced proceedings in the High Court against Facebook Ireland Limited and Maxmillian Schrems. These proceedings have attracted unprecedented global interest. We provide an insight into the status of this litigation and its potential implications.

In May 2016, the Irish Data Protection Commissioner ("DPC") started proceedings in the High Court, seeking a reference to the Court of Justice of the European Union ("CJEU") for a preliminary ruling on the validity of the EU Commission decisions which permit data transfers from the EU to third countries on foot of standard contractual clauses ("SCCs").

This litigation, which stems from a complaint by Maxmillian Schrems ("Schrems") to the DPC in respect of Facebook Ireland Limited ("Facebook"), is a follow-on from related litigation (Schrems v Data Protection Commissioner) which resulted in the 2014 CJEU ruling that the EU Commission decision underpinning Safe