Jun 222021
 June 22, 2021  Posted by  Laws, Non-U.S.

Hunton Andrews Kurth writes:

On June 21, 2021, following a public consultation, the European Data Protection Board (“EDPB”) published the final version of its recommendations on supplementary measures in the context of international transfer safeguards, such as Standard Contractual Clauses (“SCCs”) (the “Recommendations”).

The EDPB released its first draft of the Recommendations in November 2020, following the Schrems II judgement.

Read more on Privacy & Information Security Law Blog.

See also Marie Daly’s post on Inside Privacy, New Standard Contractual Clauses Raise Questions Under Irish Law. It begins:

The new standard contractual clauses (“SCCs“) issued by the European Commission (see our prior blog post here) continue to prove controversial.  Among other things, the SCCs require that the law of the European Union (“EU“) Member State underpinning them provides third-party beneficiary rights.  Most EU Member States are civil law jurisdictions that already provide such rights.  Ireland, however, is a common law jurisdiction like the U.S. and the UK, and as such, depends largely on evolving case law to define the scope of various rights and obligations.

Consequently, some commentators have raised questions about whether Irish law adequately protects third-party beneficiaries, since Ireland still retains the doctrine of privity of contract, a concept with effectively holds that only parties to a contract can enforce it.

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