In a setback for many U.S. companies, the European Court of Justice (CJEU), the EU’s highest court, on Tuesday struck down a 15-year-old agreement allowing the personal data of customers and employees to flow freely from Europe back to the United States. By nixing the safe harbor agreement that around 4,500 companies rely on to move data without dealing with Europe’s strict data privacy laws, the court has thrown into question what had been assured legal protection.
In order to respond effectively, safe harbor-covered companies and partners of these companies need to understand their own data flows and consider new rules and contracts that would enable them to keep the data moving from Europe with lower legal risk. There’s also hope that the EU and the U.S. could negotiate a new “Safe Harbor 2.0,” but there’s no certainty that it will happen soon.
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