On February 2, 2016, the European Commission and the United States reached an agreement on a new framework to permit transatlantic transfers of personal data. The new framework — named “EU-US Privacy Shield” — is slated to replace the US-EU Safe Harbor framework that was invalidated by the Court of Justice for the European Union.
Data Protection Authorities
Day-after-Safe Harbor action plan: anticipating ECJ Schrems decision
By Marcus Evans (UK) & Jay Modrall (BE) on
As we have written extensively, the European Court of Justice’s (ECJ’s) ruling in the Schrems case on October 6, 2015 may effectively invalidate the US-EU Safe Harbor framework. While we believe that the Advocate General’s rationale for the proposal is weak, organizations that rely on the Safe Harbor are anxious about the consequences such a decision could have on their operations, and want to make appropriate mitigation plans.