EU Assessing Impact of Safe Harbor Decision

Summary Analysis: 

Last week, privacy authorities for the European Union (EU) announced plans to assess the impact of the recent invalidation of the EU – United States (US) Safe Harbor agreement by the European Court of Justice. The Article 29 Data Protection Working Party will take up the initiative this month, beginning with a hearing on November 29, 2015.  The group is expected to conclude its analysis by late January 2016.

Florence Raynal, head of France’s commission on international affairs, which governs data protection, said the working party would determine whether alternative mechanisms and standards could be used for data transfers to the US.  The working party plans to quantify the impact of the European Court of Justice’s decision on standard contractual clauses and binding corporate rules as well.  Notably, the European Commission (EC) recently clarified that certain transfer instruments, such as contractual clauses and corporate rules remain legal, but still open to oversight.



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