New Standard Contractual Clauses Raise Questions Under Irish Law

The new standard contractual clauses (“SCCs“) issued by the European Commission 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.