U.S. and EU Negotiating New Data Transfer Agreement to Replace Invalid Safe Harbor

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The United States and the European Union are negotiating a new data transfer agreement to replace the “Safe Harbor” agreement that the European Court of Justice invalidated in Schrems v. Data Protection Commissioner. The Article 29 Working Party (comprised of representatives of European Data Protection Authorities (DPAs) and the European Commission) has given negotiators until Jan. 31, 2016, to create a new cross-border data sharing framework, after which the DPA’s may begin to take enforcement action against companies who do not have a transfer mechanism in place that complies with the EU’s privacy laws and regulations.

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