[Gnso-ppsai-pdp-wg] EC Communique on EU-US Data Transfers Following on Schrems

[Carlton Samuels]

Here's a reflection from the European Commission coming on the Schrems
ruling that declared Safe Harbour invalid under EU Personal Data Privacy
law [Directive 95/46/EC].  The EC seems to be looking for ways to annul the
ruling, at least to reduce its disruptive impact on cross-border commerce.

Here's a excerpt to contextualize the matter:

*'The functioning of the Safe Harbour arrangement relied on commitments and
self-certification of adhering companies. While signing up to Safe Harbour
Privacy Principles and FAQs is voluntary, these rules are binding under
U.S. law for those entities that have signed up to them and enforceable by
the U.S. Federal Trade Commission."*

They says they will conclude a new agreement to comply with the court
ruling within 3 months but what's of heightened interest to me - and maybe
those of us who been working at the WHOIS/RDDS/PPSAI kerfuffle - are the
alternate mechanisms for cross-border transfers the EC is promoting as good
and proper for annulment or reducing the impact of the court ruling.

This aside, not the 'get-out-of-jail-card' they gave themselves:

*"The present Communication is without prejudice to the powers and duty of
the DPAs to examine the lawfulness of such transfers in full independence.
It does not lay down any binding rules and fully respects the powers of
national courts to interpret the applicable law and, where necessary, to
make a reference to the Court of Justice for a preliminary ruling. Nor can
this Communication form the basis for any individual or collective legal
entitlement or claim. " *

We certainly have jawed about these alternatives extensively in EWG
discussions.

Best,
-Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
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