Safe Harbour Agreement 2015

Now that the 2000 agreement has been labeled invalid, U.S. companies – including Google, Facebook, Apple and Microsoft – can no longer rely on self-certification and must try to remove standard contractual clauses. These agreements allow the transfer of data outside Europe. 6 October 2015: The Court of Justice of the European Union (ECJ) published the long-awaited judgment in the Schrems case (C-362/14) and found that: (a) legislation allowing authorities to access the content of electronic communications is considered an infringement of the nature of the fundamental right to privacy; (b) the safe harbour intervention allows for provisions; by U.S. authorities with fundamental rights of individuals and (c) the existence of a Commission decision that the powers of national supervisory authorities cannot be removed or even reduced, and (d) supervisory authorities are effectively required to examine relevant complaints with due diligence, but (e) the ECJ alone is competent to determine an EU act; how a Commission decision is not valid. On 16 October 2015, the European Data Protection Authorities, meeting in the Article 29 Working Party, issued a statement on the judgment of the Court of Justice of the European Union (C-362-14) in the Schrems case (C-362-14), stressing the importance of a strong, collective and common position on the implementation of the judgment. Therefore, the Group will continue its analysis of the impact of the ECJ judgment. According to the European Commission, the report of 2 February 2016, the EU-US Privacy Shield „thwarts the requirements set by the European Court of Justice in its judgment of 6 October 2015, which invalidated the former Safe Harbour Convention. The new agreement will offer stronger commitments to the United States.

Protect the personal data of Europeans and strengthen monitoring and enforcement by the US Department of Commerce and the Federal Trade Commission, including by strengthening cooperation with European data protection authorities. The new agreement involves commitments from the United States.