'Hot off the press' as Commissioner Jourova continues to give her statement to the European Parliament: there is no deal yet on Safe Harbor 2.0.
The Commissioner outlined the current state of play on the key outstanding areas but was unclear on specifics of what has been agreed and what remains to be done. But it is clear there are further discussions required with the US and which the Commissioner said would be concluded "as soon as possible".
In terms of highlights, there are some commitments from the US regarding the proportionality of access to data by US public authorities; establishing an Ombudsman to oversee complaints about US public authority access; ensuring all consumer complaints are adequately resolved; and the level of assurance the US is giving to these commitments. Details on each of these are limited and it appears there is more to do on each of them. The Commission is concerned to ensure that SH 2.0 would survive any further review in a Schrems-like legal challenge.
The Commission will brief Art29WP tomorrow so there should be further updates then. Key question: how will the DPAs react?
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
