Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States. In the aftermath of the recent invalidation of the Safe Harbor Framework by the Court of Justice of the European Union (CJEU), many companies are contemplating alternative data transfer mechanisms to meet their business needs.

Since the CJEU's decision was announced on October 6, 2015, we have discussed the judgment itself, provided a list of FAQs and answers regarding its implications, and presented an informational webinar discussing the impact on businesses and possible next steps. In this blog post, we take a closer look at considerations for companies transitioning to one of the data transfer mechanisms that may offer a viable substitute for Safe Harbor certification: Standard Contractual Clauses (SCCs).