Data Protection: EU-US Safe Harbor declared invalid by EU court

October 06, 2015

In our recent update, we reported that the Advocate General (“AG”) to the Court of Justice of the European Union (“CJEU”), the highest court in the EU, gave an opinion that “safe harbor” should be declared invalid and that local regulators could investigate transfers purportedly made under that mechanism.

The CJEU has today followed that advice (albeit on different grounds) and declared Safe Harbor invalid.

This decision creates significant repercussions for EU to US data flows. We set out our immediate reaction and thoughts and will follow up on this with a fuller discussion when the main players (the EU commission, the US Government, and the data protection regulators) have commented.

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