Thread by @ronanlupton

This Thursday sees judgment in Facebook Ireland and Schrems in
Case C-311/18 at 09:30 CET.

The case was controversial for a number of reasons. First, SCCs - Standard Contractual Clauses, the now outdated clauses that undertakings can use for cross border data flows Decision 2010/87; and

Second, Privacy Shield. Which is an agreement between the US and EU from July 2016 concerning data transfers.

Third, because leave was granted here after am oral hearing in a leapfrog appeal to the Supreme Court that looked at the Art 267 preliminary reference procedure. Which hadn’t been looked at since Campus Oil.

Any court or tribunal can and must make a reference on any matter of Union law that is not sufficiently acte clair. Ireland has a low preliminary reference procedure rate historically. But lately the WRC and District Court (Ryanair ashcould compo) have made references.

Fourth, the rule in Hay v O’Grady and Doyle v Banville concerning findings of fact at first instance on appeal was also looked at. Interesting when expert evidence is dealt with at first instance. See judgment: beta.courts.ie/viewer/pdf/c3b…

Finally, Clarke CJ’s last few pars provides a decent summary:

The AG Opinion given by AG SAUGMANDSGAARD ØE is here: curia.europa.eu/juris/document…

Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’) are really what’s under test in the CJEU case.

I think Privacy Shield will be as toast as Safe Harbour. SCCs maintained, but with a kicker to the Commission.

I could be completely wrong and am happy to eat my hat, if so.

Get those refresh fingers trained!