Model clauses no substitute for ‘safe harbour’ data transfers to the US, says German watchdog

From: Out-Law.com

Businesses relying on European Commission-approved model contract clauses to transfer personal data from the EU to the US should terminate or suspend those arrangements, a German data protection watchdog has said.

The Independent Centre for Privacy Protection in the state of Schleswig-Holstein said (5-page / 56KB PDF) it was its view that EU-US data transfers facilitated by the use of model clauses fail to comply with EU law.

It outlined its opinion in a new position paper published in light of the ruling last week by the Court of Justice of the EU (CJEU) that the ‘safe harbour’ framework for enabling EU-US data transfers is “invalid”.

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