Share on LinkedInShare on LinkedIn

ARTICLE · 19 FEBRUARY 2015

German Data Protection Commissioners Take Action Against Safe Harbor

Reed Smith (Worldwide)
Explore more from Reed Smith (Worldwide)

Some commentators have suggested that an actual suspension of data transfer may potentially lead to a court decision, which could deny the supervisory authorities’ competence to suspend data transfers.

European UnionPrivacy
Cynthia O'Donoghue
Cynthia O'Donoghue
Katharina A. Weimer, LL.M.
Katharina A. Weimer, LL.M.
Thomas Fischl
Thomas Fischl
Author LinkedIn connections

At the Data Protection Conference in Berlin, the Berlin and Hamburg Data Protection Commissioners (Commissioners) made a number of important announcements regarding the 'inadequacy' of the EU/U.S. Safe Harbor Program.

Both Dr. Alexander Dix and Prof. Johannes Caspar, Commissioners for Berlin and Hamburg respectively, asserted that U.S. companies do not protect data to the same level as EU companies do, even when U.S. companies certify that they will adhere to the Safe Harbor provisions. In addition, the Data Protection Authorities (DPAs) stated that there may be inadequate enforcement of the Safe Harbor Program by the Federal Trade Commission. Speaking on behalf of his colleagues from 16 German states, Dr. Dix went as far to say that:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

ICO Cookie Crackdown 2.0: The ICO’s New Storage And Access Technologies Guidance

The UK Information Commissioner's Office has finalized its guidance on storage and access technologies, expanding compliance requirements beyond traditional cookies to include tracking pixels, device fingerprinting, and web storage. Organizations must now navigate stricter consent standards and three new narrow exceptions introduced by the Data (Use and Access) Act 2025, while facing significantly increased enforcement penalties of up to £17.5 million or 4% of annual worldwide turnover.
United KingdomPrivacy
ZwillGen
ZwillGen
Article

European Commission Press Release: EU AI Act Transparency Enforcement Starts This Sunday! Do You Know Who Your Chatbots Are? We Break Down The Commission’s Guidelines On Transparency Below

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.
GlobalPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

ICO Consults On Draft Guidance On Anonymisation And Pseudonymisation For Research

The Information Commissioner's Office has launched a consultation on draft guidance addressing anonymisation and pseudonymisation for research, archiving and statistical purposes. This guidance provides critical insight into how organisations should apply data minimisation principles in modern research practices, including AI development, trusted research environments, and synthetic data generation.
United KingdomPrivacy
Burges Salmon LLP
Burges Salmon LLP
Article

ICO Launches Consultation On Draft Guidance Regarding Anonymisation And Pseudonymisation For Research Purposes

The UK's Information Commissioner's Office has opened a public consultation on draft guidance addressing anonymisation and pseudonymisation techniques for processing personal data in research, archiving, and statistical contexts. The guidance explores critical distinctions between anonymous and pseudonymous data, outlines required safeguards under UK GDPR, and examines emerging technologies including synthetic data and privacy-enhancing tools.
United KingdomPrivacy
A&O Shearman
A&O Shearman