Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 OCTOBER 2015

Safe Harbour Declared Invalid By CJEU

Matheson
Explore more from Matheson

The EU Commission and the US have also recently finalised negotiations on data protection standards for transatlantic law enforcement cooperation.

European UnionPrivacy
Anne-Marie Bohan
Anne-Marie Bohan
John O'Connor
John O'Connor
Author LinkedIn connections

On 6 October 2015, the Court of Justice of the European Union ("CJEU") issued a ruling, in the case of Schrems v Data Protection Commissioner, which undermines the use of the safe harbour scheme ("Safe Harbour") as a basis for transferring personal data to US companies.

The decision has implications for all EU companies who transfer data to US companies which are Safe Harbour certified, and not simply for those located in Ireland, where the Schrems case originated. The judgment is also hugely significant for the over 4,000 US companies that rely on the Safe Harbour to legitimise transfers of personal data from the EU to the US. This update is the first in a series of guidance notes on this topic and its implications for you and your business.

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

The Data Act – “Access By Design” Requirement Comes Into Force

The European Union's Data Act introduces a groundbreaking "access by design" requirement that fundamentally changes how manufacturers must approach product development for connected devices and IoT products. From September 2026, businesses placing connected products on the EU market must ensure users can directly access their generated data by default, shifting data accessibility from a reactive request-based model to a proactive design imperative.
IrelandPrivacy
Matheson
Matheson
Article

The Data Act: “Access By Design” Requirement Comes Into Force For Medical Devices

The Data Act's "access by design" requirement came into force on 12 September 2026, mandating that manufacturers of connected products and providers of related services must enable direct user access to generated data by default. This article examines the scope of this new obligation and its practical implications for businesses in the Life Sciences sector, particularly those developing medical devices and Internet of Things products.
IrelandPrivacy
Matheson
Matheson
Article

The Data Act – Part I: Key Considerations Regarding Data Access And Sharing

The EU Data Act, which became applicable on 12 September 2025, fundamentally reshapes how businesses handle data generated by connected devices and related services. With Ireland's General Scheme published in February 2026 designating ComReg and CCPC as enforcement authorities, companies must now assess their compliance obligations across data sharing frameworks, contractual terms, and user access rights or face significant fines.
IrelandPrivacy
Matheson
Matheson
Article

DPC AI Insights Report: Key Takeaways

Ireland's Data Protection Commission has published a comprehensive report examining its supervisory engagement with organizations developing AI products between 2021 and 2025, revealing a tenfold increase in AI-related engagements and highlighting critical compliance areas including lawful basis, transparency, and children's data protection. The report provides detailed insights into the DPC's quasi-regulatory sandbox approach and outlines key observations on data protection obligations for AI technologies,
IrelandPrivacy
Matheson
Matheson