Adrift: the impact of the EJC’s safe harbour ruling

On October 6th, the European Court of Justice (ECJ) suspended the ‘Safe Harbour’ transatlantic agreement on data flows. In doing so, the Court overstretched its competence by answering a question it was not asked, and in the process changed the way the internet is governed. The decision has created legal uncertainty about whether companies can move data from the EU to the US. To avoid costly and wasteful bureaucracy inhibiting online commerce, the EU urgently needs to strike a new transatlantic deal on data flows. The Commission hopes to secure a new Safe Harbour agreement with the US. However, this agreement would not be immune from legal challenge in Europe.

ESO: Background information: Judgment in Case C-362/14 Maximillian Schrems v Data Protection Commissioner http://www.europeansources.info/record/judgment-in-case-c-362-14-maximillian-schrems-v-data-protection-commissioner/

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