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ARTICLE · 13 OCTOBER 2015

EU-US Safe Harbor Agreement Declared Invalid: The View From Switzerland

MLL Meyerlustenberger Lachenal Froriep Ltd
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The decision is likely to have a significant impact on the transfer of personal data from the EU to U.S. recipients.

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The Court of Justice of the European Union (CJEU) held in its decision of 6 October that the U.S./EU Safe Harbor Agreement (the Agreement) does not provide an adequate level of data protection and it is therefore invalidated. The decision affects around 5000 U.S. companies that are self-certified under the Agreement, and their European partners and customers that rely on the Agreement for data transfers into the U.S. The decision stands against the background of the wellknown dispute between Maximilian Schrems and the Ireland's Data Protection Authority (DPA). Mr Schrems, a Facebook user since 2008, requested the DPA to prohibit the transfer of his personal data from Facebook Ireland to Facebook in the U.S.; arguing that U.S. does not provide adequate protection of his personal data, in view of the U.S. surveillance activities that came into light in recent years, in particular through facts revealed by Edward Snowden. The DPA rejected the complaint on the grounds that

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