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Ireland: Government passes Regulations providing judicial remedy for data transfer infringements

The Irish Government passed, on 24 June 2021, the European Union (Enforcement of Data Subjects' Rights on Transfer of Personal Data Outside The European Union) Regulations 2021. In particular, the Regulations amend the Data Protection Act 2018 ('the Act') by providing data subjects, whose personal data is included by a controller or processor in a data transfer to a third country or an international organisation pursuant to Article 46 of the General Data Protection Regulation (Regulation (EU) 2016/679), with a judicial remedy for the infringement of certain appropriate safeguards on transfers of personal data outside the EU.

Specifically, the Regulations provide for an express right on the part of individuals to enforce third-party beneficiary rights conferred on data subjects under Binding Corporate Rules, Standard Contractual Clauses, and any standard data protection clauses adopted by the supervisory authority, following approval by the European Commission.

You can read the Regulations here.

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