Irish Court Casts Serious Doubt on EU Model Clauses

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.

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Amy C. PimentelAmy C. Pimentel
Amy 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.


Ashley WintonAshley Winton
Ashley Winton focuses his practice on global data protection and privacy, information governance and cybersecurity compliance. He has particularly in-depth knowledge of cyber breach response, cybersecurity in the context of payment systems, the lawful interception of data, and the conflict of laws in relation to corporate and government investigations and international litigation. Ashley frequently represents major corporations, trade associations, charities and government entities on a range of data privacy and cybersecurity issues and he has significant experience in advising on the impact of privacy and cybersecurity law on cloud services, health care and international data transfers. Read Ashley Winton's full bio.


Katherine F. FroelicherKatherine F. Froelicher
Katherine 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 G. Morgan
Michael 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
Mark 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
Romain 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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