September 29, 2015
EU Advocate General Yves Bot sent shockwaves through the Privacy and Data Security community last Wednesday when he issued an opinion to the European Court of Justice that suggested the entire US-EU Safe Harbor framework should be struck down, and further that Data Protection Authorities (DPAs) of member states must be permitted to independently investigate and enforce European data protections standards against companies engaged in transatlantic data transfers, regardless of Safe Harbor certification. The opinion – while non-binding – will empower DPAs to increase oversight and enforcement activity against companies transmitting data from the EU to the US. Any organization relying on Safe Harbor to support transatlantic data flows should take note, and should consider alternatives to Safe Harbor to support such transfers.

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