On 16 February, Field Fisher published an article asking if Irish law be used to govern the new standard contractual clauses (SCC) proposed by the European Commission? It says that many US and other international conglomerates have their EU headquarters in Ireland, and rely on SCC for their global personal data exports from the EU. The article suggests that, under,the EU Commission’s draft new SCC, using Irish law to govern the SCC may no longer be possible. It further suggests that, unless Ireland changes its laws to clearly allow third party beneficiary rights in favour of data subjects under SCCs, or the Commission rewords this governing law provision, Irish data exporting companies may end up having to specify another EU Member State’s laws to govern their SCC.
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