Update 10/6/2015: Schrems is decided (here). US law has structural deficiencies that prevent US from complying with safe harbor. See paragraphs 94-5. It’s hard to see how BCRs and Model Contracts are not in trouble, too. After all, these provisions can’t protect against the NSA and other law enforcement either. (To be clear: not commenting on the wisdom, politics, pragmatics or legality of NSA programs, just this decision).
Original post:
Employers who wish to transfer employee data from the EU should take notice of the recent opinion by the European Court of Justice’s Advocate General, Yves Bot. (Schrems v the Irish Data Protection Commissioner (Case C-362/14). It is wildly regarded as setting the Court up to deal a serious, if not fatal, blow to the EU-US Safe Harbor agreement which allows data transfer between the two, despite the US’s not being deemed an “adequate” data protector by the EU.
Even if an employer does not rely on safe harbor, it is very important to pay attention to this opinion because there will be serious damage to all forms of employee-data transfer to the US.
Continue reading “A Fatal Blow to Transferring Employee Data from the EU to the US?” →
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