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.
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.