EU Parliament Committee Calls On The Commission For Immediate Action On US Data Transfers

The EU Parliament committee that is charged with considering data protection matters (LIBE) has issued a press release calling on the European Commission to take action before the end of 2015 to come up with alternatives to Safe Harbor. Importantly, LIBE has also called on the Commission to reassess whether the European Court of Justice's recent invalidation of Safe Harbor casts doubt on other means for legitimizing the transfer of personal data from the EEA to the US.

As we have commented previously here, the ECJ's rationale in the Schrems Safe Harbor decision could be used to attack both BCRs and Model Clauses. LIBE certainly seems to have picked up on that also.

Furthermore, while many companies are now focusing on getting the data subject's consent to data transfers (one of the available "derogations" from the ban on ex-EEA data transfers), some EU legal commentators think that courts will take an extremely narrow view of the validity of consents that are