header-logo header-logo

No port in a storm

05 February 2016 / Ben Fielding
Issue: 7685 / Categories: Features , Data protection
printer mail-detail

Ben Fielding examines the implications of the end of Safe Harbor

For the past 15 years, the “Safe Harbor” agreement between the EU and US has allowed US-based companies and organisations to meet the European Commission’s “adequacy” standards and to legally transfer data from the EU to US, ensuring compliance with the EU Data Protection Directive 95/46/EC (Data Protection Directive). However, last month, the European Court of Justice ruled the agreement was invalid as it did not sufficiently protect the privacy of EU citizens.

The decision, along with the ongoing legislative process for the passing of the General Data Protection Regulation (GDPR), marks the beginning of a new era in data protection regulation. With the end of Safe Harbor, which was used by some 4,400 companies, many international companies are nervous about the implications of this on how they do business.

Why did it end?

Safe Harbor was designed to meet the adequacy requirements which arose as a result of the Data Protection Directive, which in turn was passed to protect data privacy and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll