In early October last year, a key agreement that allows the transfer of European residents' personal data from the European Economic Area (EEA) to the U.S. called Safe Harbor' was deemed invalid by Europe's top court.
The European Court of Justice (ECJ) made the landmark ruling on the agreement which has been in place since 2000. The court concluded that the agreement did not provide adequate protection for personal data in the context of access by intelligence agencies, an issue brought to light by former National Security Agency (NSA) contractor Edward Snowden and Austrian student Max Schrems, who filed a complaint against Facebook to the Irish data protection authority after Snowden's publications in 2013.
What Happens Now?
Companies need to find another mechanism to legally export (or grant access to) personal data outside the EEA. The various options are discussed below. In addition, the ECJ confirmed that national data protection authorities have the authority to examine whether transfers of personal data to a third country meet the requirements of the EU data protection legislation.
Different countries and organizations have had a wide range of reactions to the ruling. Some data protection authorities (DPAs) have suggested a ban on most U.S. transfers, others have reached out to companies that have relied on the Safe Harbor, reminding them to implement a compliant solution, while the UK is telling its businesses not to panic. The so-called Article 29 working party (which represents all EU data protection authorities) set a deadline of the end of January 2016 to implement a compliant alternative to Safe Harbour. While work on Safe Harbour 2 continues, most DPAs have stated that transfers to the U.S. should be treated in the same way as transfers to most other major economies outside of the EEA, and legitimised using one of the other transfer options available.
Option 1:
Option one is, as mentioned above, a second version of Safe Harbor. The parties hope to reach a new agreement in early 2016, but it is not certain that an agreement can be reached before the end of January.
Option 2:
Option two is adopting Binding Corporate Rules (BCRs). BCRs are an intra-group framework with different elements (legally binding commitments, policies, training, audit, etc.) that guarantees that European personal data will be adequately protected within the group. Implementing BRCs is a heavyweight process, taking 12-18 months to gain approvals from DPAs. It is also intra-group only and it is not clear how it would limit access by U.S. intelligence agencies.
Option 3:
Option three focuses on Model Contracts. This is an option that is already widely adopted by businesses operating in the EEA, and likely to be the most common alternative selection to Safe Harbor. It involves entering into bilateral arrangements that can be used with affiliates, 3rd party vendors or others with which companies want to share data. Potential issues include the fact that this solution also doesn't prevent access by intelligence agencies and in some countries additional complications arise from administrative formalities (submissions of the model clauses and translated and notarized documentation relating to the signing authority of the officers executing the clauses). In addition, under this ruling, DPAs would be able to suspend their approval for the use of Model Contracts.
Option 4:
Option four is really a partial solution focusing on individual derogations (consent, contractual necessity, etc.). The issues with this solution include: difficulties in obtaining valid consent from affected individuals and the fact that other derogations (e.g., processing necessary for a contract with an individual) only operate on a case-by-case basis.
Worst Case Scenario?
If no workable solution is found, data storage solutions may have to be rethought. It may be easier to house and grant access to European data in Europe only. This solution is possible, but would involve significant structural change for many organizations. EU regulators seem likely to encourage a better outcome.
Safe Harbor: Take Home
We are currently in a grace period as the U.S. and EU authorities try to negotiate an alternative form of Safe Harbor (until end of January 2016), though this could be extended. Use the remaining time to select an option that works for your organization. Like most multinational companies, Iron Mountain has selected option 3 and executed Model Contracts.
What Does this Mean for Records Managers?
Records managers must ask the following questions:
To what extent does my organization rely on third-party vendors for records/data processing?
On what basis do our European affiliates export personal data to U.S.-based vendors, and what information does my organization keep on these vendors?
Do any of their EU vendors subcontract work to the U.S.?
On what basis do these EU vendors export their data to such U.S.-based subcontractors?
Do we have contracting arrangements in place to ensure compliance works all the way down the supply chain?
Have I notified our procurement and compliance partners about potential vendor issues/ changes?
To learn more about data privacy issues, see our article: 5 Noteworthy Data Privacy Trends from 2015.
Most recent headlines
17/02/2025
TVBEurope talks to the team who brought a piece of broadcasting history back to life on BBC Wales last night
By Jenny Priestley
Published: February 14, 2025 ...
17/02/2025
Eligible studios will receive the relief directly from their local authorities, with no need to submit a claim
By Matthew Corrigan
Published: February 17, 20...
17/02/2025
As DEI initiatives come under pressure in the USA, supporters of Rise, which promotes diversity in the media and entertainment sector, discuss the continuing im...
17/02/2025
EIB Global loan will partially fund SES's continued O3b mPOWER medium earth orbit (MEO) fleet expansion enabling additional capacity worldwide. O3b mPOWER s...
15/02/2025
At Nielsen, Business Resource Groups (BRGs) play a critical role in nurturing a ...
15/02/2025
Innovation to empower creativity: Explore the latest in Lightroom
Rob Christensen February 15, 2025
0 Comments
Whether you want to remove distracting ...
15/02/2025
Wisycom, a worldwide leader in RF technology and provider of wireless solutions, announces a new distribution agreement with EQUAPHON. An Argentinian profession...
15/02/2025
DPA Microphones, the leading manufacturer of high-quality microphone solutions, is pleased to welcome Nicholas Nick Mariano and Vincent Vince Divine to the ...
15/02/2025
Tuxera, a leading provider of quality-assured file systems and networking solutions, will showcase how Tuxera Fusion SMB enables unprecedented performance for m...
15/02/2025
Bitmovin's latest Video Developer Report indicates an increasing role of AI, the slow adoption of next-generation codecs, and continuing challenges when it ...
15/02/2025
When Michelin Enterprises set out to promote its prestigious Hotel Guide in the new Sleepless in the Kitchen , campaign, veteran German/Slovenian gaffer Robert...
15/02/2025
Formula E, the world's first all-electric racing series, revolutionizing motorsport with cutting-edge technology and a commitment to sustainability has sele...
15/02/2025
Agile Content, a global leader in TV and video technology solutions, announces its rebranding to AgileTV.
The transition to AgileTV stems from a commitment to ...
15/02/2025
Hiltron Communications will promote the latest additions to its range of satellite communication products, systems and supporting services at GovSatCom 2025. Th...
15/02/2025
Following the success of the original Airglow Booklight, DoPchoice debuts a new addition to their inflatable line the Float. This lightweight, inflatable, round...
15/02/2025
LAS VEGAS Marshall Electronics has announced that it will debut its newest camera controller, the RCP Plus, at the 2025 NAB Show at Booth N2649 between April 5 ...
15/02/2025
ATLANTA Gray Media has named Blake Sebo as the next general manager of KTUU and KYES, Gray's NBC and CBS affiliates in Anchorage, Alaska....
15/02/2025
KOKKEDAL, Denmark DPA Microphones will feature its new CORE+ technology for distortion-free microphone sound at the 2025 NAB Show, April 5-9, in Las Vegas....
15/02/2025
SWANSEA, U.K. QuickLink will launch StudioPro-NDI and StudioPro-3, two new models of its QuickLine StudioPro video production platform, at the 2025 NAB Show, Ap...
15/02/2025
Live From 2025 NBA All-Star Game Weekend: After 25 Years, Turner Sports All-In F...
15/02/2025
NASCAR Driver Cam on Max Embraces Cloud-Based Workflow for 2025 Season Chris Brown of WBD Sports says Mobii will play key part in delivering signals from the tr...
14/02/2025
Last month, we officially launched the Spotify Partner Program, a powerful new m...
14/02/2025
From an island off the coast of Lutruwita to the global stage in France SBS & ...
14/02/2025
The future of electro-optical/infrared (EO/IR) land systems is evolving so that ...
14/02/2025
Here are 5 reasons why you should attend ISE 2025
Discover more about Calrec: Learn more about Calrec's legacy of innovation in broadcast audio solutions ...
14/02/2025
World Radio Day: On the same wavelength
By Graham Murray, International Sales Manager at Calrec
To mark World Radio Day, Calrec's International Sales Ma...
14/02/2025
DALLAS and TYSONS, Va. Tegna has concluded a broadcast rights agreement that makes Tegna's KFAA in Dallas the exclusive local television partner of the Dall...
14/02/2025
Amazon's Prime Video has released a new app for Apple TV that the streamer said delivers an improved streaming experiences with faster scrolling, improved s...
14/02/2025
CLEVELAND Telos Alliance announced a software update for its Axia Quasar XR and SR line of audio-over-IP (AoIP) mixing consoles and will show the offering at th...
14/02/2025
Puget Systems Returns to HPA Tech Retreat 2025 with New Analysis Tools for Puge...
14/02/2025
Glass Animals: Tour of Earth Uses Blackmagic Live Production Workflow
Brie Clayton February 14, 2025
0 Comments
80six deploys Blackmagic URSA Broadcas...
14/02/2025
A dispute between Paramount and Youtube TV that would have pulled CBS stations and Paramount's cable channels from the streaming service has been temporaril...
14/02/2025
Colourist Deidre (Dee) McClelland details how she helped shape the distinct look and feel of whimsical Oscar-nominated stop-motion film, Memoir of a Snail
By C...
14/02/2025
BitFire said it intends to introduce forward-looking services that simplify the launch of live production workflows, and enhance real-time collaboration
By Jen...
14/02/2025
The claim by the liquidators is the latest twist in the ongoing saga of the companys collapse at the end of 2021
By Matthew Corrigan
Published: February 14, ...
14/02/2025
A carriage dispute between YouTube TV and Paramount could come to a head today (Feb. 13), with the virtual pay TV provider threatening to pull all of the progra...
14/02/2025
ENGLEWOOD CLIFFS, N.J. LG Electronics USA has opened a new in-house, state-of-the-art virtual production studio at its 360,000-square-foot North American headqu...
14/02/2025
NEW YORK In a bid to help local broadcasters find new ways of monetizing their content, the Coalition for Innovative Media Measurement (CIMM) and TVB have relea...
14/02/2025
WASHINGTON Three Democratic U.S. Senators have sent a stern letter blasting FCC Chair Brendan Carr for the weaponization of the agency for attacking broadcast...
14/02/2025
Years after launching the streaming service Apple TV+ in November of 2019, Apple has finally released a version of its steaming app for Android devices....
14/02/2025
FOOTHILL RANCH, Calif. Red Digital Cinema will make its V-RAPTOR [X] and KOMODO-X camera systems available with Nikon's premier Z Mount, providing filmmaker...
14/02/2025
DAYTONA, Fla. The Fox Sports production of this year's Daytona 500 will see the addition of a few new tech elements and the continued unfolding of the broad...
14/02/2025
Watch Bryson Battles Blind Audition on The Voice Get a Four-Chair Turn Michael Bubl said the Boston Conservatory at Berklee musical theater senior might have...
14/02/2025
2025 Daytona 500: FOX Sports Looks To Ride Super Bowl LIX Momentum Into NASCAR S...
14/02/2025
14 Feb 2025
VEON's Kyivstar and the Come Back Alive Foundation Raise USD 2....
14/02/2025
Max Renews THE PITT, Starring Noah Wyle, For A Second Season
Max
Warner Bros. Television Group
The Pitt
New Episodes Of The Medical Drama From John...
14/02/2025
This year, Technicolor proudly celebrates 110 years of shaping the magic of cinema pioneering color, visual effects, and innovation that bring unforgettable l...
14/02/2025
NBA All-Star: More Games, More Teams, More Music, More Sound From the Court Turner Sports' team will deploy familiar tech to capture all the audio By Dan D...
14/02/2025
LIV Golf Continues To Innovate With Drones, Data-Driven Graphics, and All-Access...
In early October last year, a key agreement that allows the transfer of European residents' personal data from the European Economic Area (EEA) to the U.S. called Safe Harbor' was deemed invalid by Europe's top court.
