No smooth sailing yet23 Oct 2015
Following on from our recent article about the invalidation of Safe Harbour, a working party (comprised of representatives from each data protection authority of the EU member states) has now issued a statement which reiterates that it is no longer acceptable to rely on the Safe Harbour scheme when transferring data from the EU to the US.
The working party has urgently called on the EU member states to open discussions with US authorities to find solutions which will enable EU-US data transfers that will still respect fundamental rights of individuals. Whilst it is hoped that the current negotiations around a new Safe Harbour could be part of the solution, the statement goes on to say that, if by the end of January 2016 no appropriate solution has been found, then data protection authorities may take enforcement action where necessary or appropriate. This is because transfers that are still taking place under the Safe Harbour scheme are now unlawful in the absence of other protections.
As such, it is important for businesses to consider the potential risk exposure they have when transferring data from the EU to the US and should put in place the relevant documentation, such as model contract clauses or binding corporate rules, to ensure adequate levels of data protection when transferring data.
Please contact us or call the Commercial and IP team on 0161 832 3434 if you have any queries in respect of data protection or would like assistance with putting the relevant documentation in place.