The EU’s Article 29 Working Party issued a statement today on the recent Schrems decision invalidating the adequacy of the EU-U.S. Safe Harbor framework, emphasizing that affected businesses should start to put in place legal and technical solutions in a timely manner to meet EU data protection standards. The statement gave a January 2016 deadline for companies to come into compliance with the ruling, at which point EU data protection authorities would be “committed to take all necessary and appropriate actions, which may include coordinated enforcement actions.” In response, we publish here a high-level analysis of the possible options available for companies—including the EU Standard Contractual Clauses, Intra-Group Agreements and other ad-hoc contracts, Binding Corporate Rules, Safe Harbor 2.0, and consent—and the pros and cons of choosing each one.
On 7 November 2014 the Polish Parliament passed the Act on the Facilitation of Business Activity which substantially amends the existing Act on Personal Data Protection. As we previously reported, this new Act requires an administrator for information security to be given an independent position within the data controller’s organization. Additionally, the new Act introduces provisions facilitating the transfer of personal data to countries outside the European Economic Area (further implementing provisions from Directive 95/46/EC and the proposed draft General Data Protection Regulation). The new law will come into force on 1 January 2015.
The German data protection authorities on September 26, 2011 adopted an “Orientation guide – cloud computing.” The guide sets out mandatory and recommended content for any agreement between German users of cloud computing services and cloud computing serving providers. It highlights the customer’s responsibility for full compliance with German data protection requirements for the cloud. Based on this orientation guide, customers and providers will have to review existing agreements in the German market.