EU Data Protection Rules

Learn how each EU Member State has implemented Directive 95/46/EC (Directive on processing of personal data and on the free movement of such data) into their national legislation and how this may affect data gathering and e-Disclosure.

Network of European Data Protection Lawyers

In conjunction with the launch of the Data Protection Rules web pages, Huron Legal has established a database of European Data Protection Lawyers to whom clients can be referred when in need of data protection advice. The law firms are based in 26 countries from Albania to Sweden, including countries not yet part of the EU who have implemented their own data protection laws. All the law firms are happy to provide country specific legal advice to Huron Legal’s clients.

Safe Harbour

Directive/95/46 prohibits the transfer of personal data to non-EU nations that do not meet the European “adequacy” standard for privacy protection. The U.S. Department of Commerce has developed a "Safe Harbour" framework that organisations can join to enable the transfer of personal data.

The European Commission’s Directive/95/46 on Data Protection would prohibit the transfer of personal data to non-European Union nations that do not meet the European “adequacy” standard for privacy protection. The U.S. Department of Commerce in consultation with the European Commission developed a "Safe Harbor" framework that organisations can join to enable the transfer of personal data.

Benefits of Safe Harbour

  • All 27 Member States of the European Union will be bound by the European Commission’s finding of adequacy.
  • Companies participating in the safe harbor will be deemed adequate and data flows to those companies will continue.
  • Member State requirements for prior approval of data transfers either will be waived or approval will be automatically granted; and
  • Claims brought by European citizens against U.S. companies will be heard in the U.S. subject to limited exceptions.

How to join

The decision by U.S. organizations to enter the safe harbor is entirely voluntary. Organisations that decide to participate in the safe harbor must comply with the safe harbor's requirements and publicly declare that they do so. To be assured of safe harbor benefits, an organisation needs to self certify annually to the Department of Commerce in writing that it agrees to adhere to the safe harbor's requirements, which includes elements such as notice, choice, access, and enforcement. It must also state in its published privacy policy statement that it adheres to the safe harbor.

www.export.gov/safeharbor

Useful Websites

PROFESSIONALS
Julia Chain
Julia Chain
Managing Director

Jon Resnick
Jon Resnick
Managing Director