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Hogan Lovells comments on Safe Harbor decision

06 October 2015

London - 6 October 2015 - Today (Tuesday), the Court of Justice of the European Union declared the Safe Harbor framework invalid as a mechanism to legitimize transfers of personal data from the EU to the US. The court's view is that Safe Harbor is unable to prevent large-scale access by the U.S. intelligence authorities to data transferred from Europe, and therefore does not provide an adequate level of data protection.

Partner Eduardo Ustaran, European head of Data Protection at Hogan Lovells, said:

"This has massive implications for international data flows.

"It effectively leaves any organisation that relied upon Safe Harbor exposed to claims that transfers of personal data from the EU to the US are unlawful, unless they fit within one of the legal exemptions or are authorised by data protection authorities.

"Multinationals relying on Safe Harbor to transfer data from Europe across the Atlantic will need to rethink how they operate. US-based businesses certified under Safe Harbor to receive data from European customers will need to provide alternative guarantees for those customers to be able to engage their services lawfully."

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