Some weeks ago we informed you of the EU-US Privacy Shield, announced by the European Commission on February 2, 2016 meaning a new arrangement for transatlantic data flows between the EU and US. In this blog you can read recent developments of the EU-US Privacy Shield and alternative solutions offered by LeaseWeb.
EU US Privacy Shield in the making
We have known since October 2015 that the US Safe Harbor regime is invalid, meaning that personal data of Europeans can no longer be transferred by a company to US Safe Harbor certified companies. Monday 29 February 2016, the European Commission published the details of the EU-US Privacy Shield that should replace the Safe Harbor certifications.
“The Court of Justice declares that the Commission’s U.S. Safe Harbour Decision is invalid.”
The Safe Harbour arrangement has been in place since 2000. It was formalized by the European Commission’s Safe Harbour Decision (2000/520/EC), and permitted the transfer of personal data of
Europeans to the U.S., to companies that are self-certified under the Safe Harbor Privacy Principles
and registered with the U.S. Department of Commerce.
Last Tuesday, in a landmark judgment, the European Court of Justice – Europe’s highest court – declared the Safe Harbour Decision invalid. At present, it is not yet fully clear what the consequences will be of this judgment of the ECJ. What is clear, however, is that data should no longer be transferred to U.S. organizations solely on the basis they are Safe Harbour-certified. Companies that transfer personal data from the EU to the U.S., or rely on the processing of personal data in the U.S., will need to review their data flows for compliance with EU data protection law. They will likely need to consider alternative cross-border transfer solutions, e.g. by applying binding corporate rules, EU model contract clauses and/or obtaining individual persons’ consent for the transfer of their data. That operation will be time consuming and expensive. All this could potentially have serious implications for cloud hosting providers and their customers, who are suddenly faced with data residency issues.
EU court strikes down trans-Atlantic ‘safe harbor’ data-transfer pact. Decision will affect around 4,500 companies. http://t.co/Xn4TxivBAz
— Wall Street Journal (@WSJ) 6 oktober 2015
As Business Development Manager for LeaseWeb, I regularly visit e-commerce events like Webwinkel Vakdagen and E-commerce Paris. These types of events are very important to me. Not just because of possible leads, but also because these gatherings allow you to touch base, so to speak. It gives me a chance to hear what people talk about and what’s keeping them busy. I also get to see where the e-tailing industry as a whole is headed. Based on this, I thought it would be nice to share some of my observations with you:
Last night the annual Dutch Website of the Year Awards took place in the ‘Beurs van Berlage’, Amsterdam. LeaseWeb attended the event as a sponsor and the team was given a great table right in front of the stage. It was a spectacular evening, filled with great food, drinks and entertainment.
Note: Most links in this blog lead to websites written in Dutch
LeaseWeb is very happy to announce that we are a sponsoring partner of the ‘Website van het jaar 2011 verkiezingen’ – Dutch for the ‘Website of the year 2011 awards’. This annual event is an initiative from Emerce, one of the most popular monthly publications on e-commerce in the Netherlands and organizer of various events, including E-Day, the leading Dutch e-business event.