In a series of dramatic events which would make a good drama but which would be too long to include in this note, the European Court invalidated the regime allowing EU and US companies to transfer data. The so called ‘Safe Harbour principles’ were invalidated in the Schrems case following revelations in 2013 about US government intelligence surveillance practices.
Following detailed negotiations a so called Privacy Shield code has been approved by the EU. US companies can now self-certify annually with the US Department of Commerce that they meet the requirements as from 1 August 2016.
Accordingly, we are back on track, as it were, for data compliance as between the UK and US complying firms at least until the UK leaves the EU. On Brexit this would only remain relevant if we were to come part of EEA.
For further information please contact Holly Dobson.
