Safe Harbor Fallout: Commission, Council Debate Parliament, German DPA Takes Next Step
"The ramifications of the European Court of Justice (ECJ) decision in the Schrems case, invalidating Safe Harbor, have continued. First, the European Parliament announced it will have EU commissioners and councilors address its plenary. Second, the data protection commissioner from the German state of Schleswig-Holstein has taken the step that many have predicted and issued a position paper that follows the ECJ 's logic to declare model contract clauses, even consent, to likely be invalid ways of transferring data to the U.S. The release from Parliament notes that MEPs are ""likely to ask the Commission to clarify the legal situation following the (Safe Harbor) ruling and demand immediate action to ensure effective data protection for EU citizens."" Businesses in Schleswig-Holstein that transmit personal data to the U.S. should review its procedures as quickly as possible and consider alternatives for the processing of personal data."