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November 24 2015

"Will We See A ""Safe Harbor 2.0"" Soon?"

"Schrems will take part in the breakout session, ""Safe Harbor Postmortem: Schrems Reflects,"" during the IAPP Europe Data Protection Congress in Brussels.

He 'll be joined by European Parliament Senior Policy Advisor Ralf Bendrath, American Express Global Privacy Officer Kasey Chappelle, Hogan Lovells Partner Eduardo Ustaran, CIPP|E, and the IAPP 's Omer Tene. It will be very hard to come up with a solution that addresses all problems identified by the Court, given the U.S. position. It also seems questionable if a ""Safe Harbor 2.0"" will have real benefits for U.S. controllers in practice compared to transfer methods under Art 26 of Directive 95|46.

Minding that the two parties have debated for two years to not even get the very weak ""13 recommendations"" program by the European Commission done, it seems a switch to ""alternative"" transfer methods under Art 26 will be more reasonable than hoping for a Safe Harbor 2.0."