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From Reed Smith

Extract: Overview Questions

1. I’m Safe Harbor certified and have seen news articles reporting that “Safe Harbor is invalid”. What does that mean? On 6 October, the European Court of Justice delivered a judgment which invalidated the Safe Harbor framework. Safe Harbor was a 15-year-old trade pact under which personal data could legally be transferred from the EU to the United States.

2. When does the court’s decision come into effect? The decision had immediate and retrospective effect. Strictly speaking, any data flows to the United States that were being conducted solely on the basis of Safe Harbor are now being carried out unlawfully if no other steps have been taken to legitimise the transfer.

 

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