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November 24 2015

Advocate General Of The European Court Of Justice Issues Opinion Regarding Safe Harbor

On September 23, 2015, Advocate General of the European Court of Justice Yves Bot issued his Opinion in the case of Max Schrems, which is currently pending before the Court of Justice of the European Union (The CJEU). In the opinion, the Advocate General provided his views concerning two key issues related to the U.S.-EU Safe Harbor Framework: (1) the powers of national data protection authorities to investigate and suspend international data transfers made under the Safe Harbor Framework and (2) the ongoing validity of the European Commission 's Safe Harbor adequacy decision. It is yet to be seen whether the CJEU will reach the same conclusions as the Advocate General. In the interim, it is likely that this Opinion will increase the pressure on U.S. and EU government authorities to reach agreement on a revised U.S.-EU Safe Harbor Framework.