Privacy Shield – Replacement To Safe Harbor Agreed

The mechanisms underpinning the transfers of personal data from the European Union to the United States have been the subject of intense scrutiny and discussion in recent years and particularly in recent months, arising from the following developments:

• 6 October 2015: The Court of Justice of the European Union ("CJEU") in the Schrems case held that Commission Decision 2000/520/EC in respect of Safe Harbor was invalid under European law. Therefore, transfers of personal data from the European Union to the United States pursuant to the "Safe Harbor" mechanism did not ensure an adequate level of protection under EU data protection laws. Consequently, data controllers subject to EU data protection laws were mandated to implement alternative transfer mechanisms for transfers to the US, such as model clauses.