Privacy Ref Blog

Safe Harbor Found “Invalid”, Now What?

Transferring personal information from the EU to the US has been a challenge. Today it may have become more difficult with the EU Court of Justice finding that Safe Harbor is invalid. For those 4,000 or so businesses that use Safe Harbor for data transfers the question  is how to go ahead.

This is actually a question not only for businesses, but for DPAs as well. The ruling had more to do with the practices of US surveillance as disclosed by Snowden than the construct of the Safe Harbor program itself. This places not only transfers via Safe Harbor in questions, but may have an equally impactful impact of transfers based on contracts, binding corporate rules, and consent. In each case, surveillance is equally possible so the DPAs, along with the Article 29 Working Party, will need to offer some guidance. .

What to do next is murky at best. In the coming weeks the DPAs should begin to give some direction. As I believe in contingency planning, it is not a bad time to begun to understand model contracts and BCRs just to get the lay of the land. Then, when the DPAs weigh in, you will have a foundation to make proper decisions.

Privacy Ref provides consulting and assessment services to build and improve organizational privacy programs. For more information call Privacy Ref at (888) 470-1528 or email us at

Posted on October 6, 2015 by Bob Siegel

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