October 28, 2020

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October 28, 2020

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October 27, 2020

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October 26, 2020

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Safe Harbor Update: European Commission Reaffirms Commitment to a Safe Harbor Sequel

As we reported on October 19th, the Article 29 Working Party on the Protection of Individuals with Regard to the Processing of Personal Data challenged the EU member states to “open discussions with the US” to find a viable alternative to the Safe Harbor program. Today, the European Commission (EC) issued a public statement confirming its commitment to working with the United States on a “renewed and sound framework for transatlantic transfers of personal data.” The apparent trigger for today’s announcement are “concerns” from businesses about “the possibilities for continued data transfers” while the Safe Harbor Sequel is under negotiation.

In its statement, the EC confirms that during the pendency of the U.S.-EU negotiations, Standard Contractual Clauses and Binding Corporate Rules (BCRs) are viable bases for legitimizing data transfers that formerly were validated by the Safe Harbor Program.

The EC was careful to note that today’s guidance “does not lay down any binding rules” and “is without prejudice to the powers and duty of the DPAs (Data Protection Authorities) to examine the lawfulness of such transfers in full independence.”  In other words, a DPA still may decide that Standard Contractual Clauses and BCRs are not viable under its country’s laws.

© 2020 McDermott Will & EmeryNational Law Review, Volume V, Number 311
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About this Author

Amy C. Pimentel, Global Privacy Staff Attorney, McDermott Will & Emery Law Firm
Associate

Amy Pimentel is an associate in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Boston office.  Amy is a member of the Firm’s Global Privacy and Data Protection Affinity Group.  She focuses her practice on consumer protection, privacy, information security and international law.

Amy received her J.D. in 2014 from Northeastern University School of Law.  While in law school, Amy worked at the U.S. Department of Justice in the Office of International Affairs and interned for a judge at the International Criminal Tribunal...

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