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pablo181SafeHarbor-Orrick

By Antony Kim and Dr. Christian Schröder

Companies that want to avoid procedural (and now substantive) scrutiny into their Safe Harbor-based personal data transfers do have other options.  Fairly popular are the so-called EU Model Clauses. The European Commission has issued standard contractual clauses for the transfers from data controllers to data controllers and /or processors established outside the European Union/European Economic Area. These standard contractual clauses provide adequate safeguards with respect to the protection of privacy and other fundamental rights of individuals.  At least in the UK and Germany, the use of such Standard Contractual Clauses does not require any authorization of or notification to local data protection supervisory authorities.

 

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