Update on the Irish High Court’s proceeding to decide request for ECJ’s preliminary ruling on Model Clauses

According to the Irish Data Protection Authority (DPA) the hearing before the Irish High Court brought by the DPA against Facebook Ireland Ltd and Mr Schrems over EU-US data transfers will possibly take another additional week (or two addition weeks) to conclude. More information on the case is available here.

According to the available sources (see here and here), as of March 3, 2017:

1. Opening submissions have been made by the DPA, Facebook and Schrems;
2. Mr Schrems’ expert witness, Ms Ashley Gorski, was examined and gave testimony on US law;
3. The Court refused the three amici curiae’s affidavits. The amici will be limited to making legal submissions during the hearing;
4. The DPA’s two expert witnesses, Professor Neil Richards and Mr Andrew Serwin, was examined and gave testimony on US law;
5. One of Facebook’s expert witnesses, Professor Peter Swire, was examined and gave testimony on US law.

The following needs still to happen:

• Facebook’s expert witness will be examined and cross-examine;
• Amici curiae will deposit their legal submissions, with the legal submissions on behalf of the US Government will be made last of all of the amici curiae;
• Closing submissions on behalf of Mr Schrems, Facebook, and then the DPA.

More information on the case Data Protection Commissioner -v- Facebook Ireland Ltd & anor is available here.

More on the CJEU’s Schrems decision is available at http://www.technethics.com….

The Irish Data Protection Commissioner’s latest update on the case can be found here.

EPIC’s Update on the case can be found here.

Schrem’s website “Europe v Facebook” (website collecting information regarding class actions against Facebook) is available at http://www.europe-v-facebook.org….