ARTICLE · 04 NOVEMBER 2015

Another Safe Harbour?

Carey Olsen

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The Schrems decision (in which the Court of Justice of the European Union invalidated the Safe Harbour agreement as a means of legitimising transfers of personal data between the EU and the USA) has generated many column inches since its release earlier this month.

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The Schrems decision (in which the Court of Justice of the European Union invalidated the Safe Harbour agreement as a means of legitimising transfers of personal data between the EU and the USA) has generated many column inches since its release earlier this month. There remains a degree of uncertainty as to what will happen next and whether a revised agreement can be reached. In the interim, businesses have been forced to consider how they can utilise alternative mechanisms to ensure they continue to operate lawfully in this area.

Another Safe Harbour?

The EU's Article 29 Working Party¹ has released a statement calling for continued negotiations between the authorities in the EU and the USA and emphasising the need for businesses to assess the use of alternative mechanisms. If no solution has been agreed by the end of January 2016, the Working Party has said that enforcement steps will then be taken. Whilst this affords businesses a period of time to effect any

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