Safe Harbor Invalidation

Cooley (UK) partner Ann Bevitt discusses the ramifications of the Safe Harbor invalidation on BBC World News.


Following a September 23, 2015 opinion by Advocate General (AG) Bot that the US-EU Safe Harbor framework, which provided for the "safe" transfer of personal data from the EU to the US, did not provide sufficient guarantees for the protection of the rights of EU citizens, the Court of Justice of the European Union (CJEU) invalidated the Safe Harbor framework.

EU and US authorities have been renegotiating the Safe Harbor framework for the past two years. The CJEU's decision, however, places additional pressure on both sides to finalize negotiations. On October 16, 2015, the Article 29 Working Party, an influential advisory group made up of representatives from the data protection authority of each EU Member State, injected additional urgency into the talks when it announced that a new data sharing agreement should be in place by the end of January 2016, otherwise "coordinated enforcement actions" against companies unlawfully transferring data may be considered.

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Related Contacts
Ann Bevitt Partner London
Randy Sabett Special Counsel Washington, DC
John Wilkinson Partner London
Matthew D. Brown Partner San Francisco
Amy McCowan Smith Associate San Francisco
Lindsy Solanki Associate Palo Alto
Matthew Johnson Special Counsel Washington, DC