German data protection commissioners speak out against safe harbor

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German data protection commissioners speak out against safe harbor

Published 28 January 2015

At the recent Data Protection Conference in Berlin, the Data Protection Commissioners from Berlin and Hamburg spoke out on the “inadequacy” of the Safe Harbor regime. It was asserted that US companies do not provide the same level of protection as EU companies, even when they certify that they adhere to Safe Harbor provisions, and that in any case the enforcement of the Safe Harbor regime was inadequate.

What action could be taken to manage risks that may arise from this development? 

If your company operates in Germany, it should note that in light of these developments, the Data Protection Officer in your German office may wish to consider alternative approaches to the Safe Harbor Program when sending data from Germany to the US, such as EU Model Clauses.

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