Fidest – Agenzia giornalistica/press agency

Quotidiano di informazione – Anno 34 n° 25

Safe Harbour ruling: The Commission must act now to ensure clarity and safety for citizens and businesses

Posted by fidest press agency su giovedì, 8 ottobre 2015

european commissionThe European Commission has failed to ensure a solid data protection framework for the transfer of EU citizens’ data to US companies. As a result citizens and businesses alike are left with an unclear legislative patchwork after today’s ruling of the European Court of Justice declaring the Commission adequacy decision invalid, says Civil Liberties Committee Chair Claude Moraes (S&D, UK), calling for immediate action from the Commission to provide clarity and proper data protection standards for data transfers to the US.Statement from Civil Liberties Committee Chair, Claude Moraes (S&D, UK), after the European Commission’s initial response to the Safe Harbour ruling:
“The Commission’s initial response to the European Court of Justice decision to invalidate the Safe Harbour agreement is disappointing as it lacks any real concrete update on what it intends to do regarding replacing the Safe Harbour framework.Despite the fact that the Commission has been in negotiations with the US on reform of the Safe Harbour for nearly two years, we have still not received any update on the negotiations or the impact that this decision will have on the discussions. Given that the European Court of Justice has invalided the Safe Harbour framework immediately, it is also regrettable that the Commission has not specified a timeframe for the conclusion of these discussions.It is unfortunate that the Commission did not follow up on the European Parliament’s repeated calls to suspend the Safe Harbour framework as this would have allowed it to implement transitional measures over a period of time. Instead, as the European Court of Justice ruling takes effect immediately, the issue has become urgent resulting in the need for the Commission to provide immediate clarity to companies who are uncertain as to how they can continue to transfer EU citizens’ data to the US as well as to provide guidelines to the national data protection authorities.Of course, the flow of EU citizens’ data will continue and there are other alternatives that business can use, including standard contractual clauses or binding corporate rules. This shows that the judgement will not result in a dramatic stop to data flows across the Atlantic with serious economic impact – instead it shows that it is possible to continue with data transfers and at the same time implement a framework that will protect EU citizens’ data when being transferred to the US and ensure they have equivalent safeguards to those that exist in the EU.Both the message from the European Parliament and from the European Court of Justice have been clear: the Safe Harbour framework does not protect European citizens private data when being transferred to the US as the EU Charter and EU law require. Now the responsibility to remedy this solution is with the Commission. It must act without delay to fill this void”.

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