Exactly one month after the Court of Justice of the European Union (CJEU) released its judgment in Maximillian Schrems v Data Protection Commissioner (C-362-14), the European Union released a Communication discussing the implications of their decision on data sharing involving personal information.
This topic is no stranger to the blog, as we’ve posted about it here, authored a recent Reed Smith Client Alert here, and – in light of this most recent EU Communication – we have drafted an even more up-to-date Reed Smith Client Alert here.
This most recent Communication recognizes the importance of trans-Atlantic data flows, calling the EU and the United States “each other’s most important trading partners”; but acknowledges that the CJEU’s judgment “reaffirms the importance of the right to protection of personal data.” The key message, which echoes previous announcements by data protection authorities and the Article 29 Working Party, is that data exporters are ultimately responsible for ensuring that transfers comply with the requirements of EU law. The Communication also states that “considerable progress” has been made on negotiations to develop a new framework, and it is hoped that an agreement can be reached within three months. Until this agreement is put in place, however, compliance remains a challenge for businesses.
To read more about the Communication on the implications of CJEU’s decision, read the Safe Harbor update Client Alert written by Cynthia O’Donoghue, Daniel Kadar, Kate Brimsted, Dr. Thomas Fischl, Philip Thomas, Katalina Bateman, Doretta Frangaki, Caroline Gouraud, Chantelle A. Taylor, Tom C. Evans, Dr. Alexander Hardinghaus, LL.M. and Dr. Alin Seegel.