Blog Image
Profile Image Verifile
February 4 2016

German DPA issues position paper on data transfer mechanisms in light of Safe Harbor decision

On October 14, 2015, the data protection authority (DPA) in the German state of Schleswig-Holstein  issued a position paper on the Safe Harbor Decision of the Court of Justice of the European Union (the CJEU).
In the Position Paper, the DPA disagrees with the European Commission's opinion that alternative data transfer mechanisms may be used in place of Safe Harbor.
According to the Position Paper, mechanisms such as consent and EU standard contractual clauses that are currently being discussed should be evaluated in a new way. This evaluation must focus on the principles established by the CJEU, in particular the comparable legal level of protection.
The Position Paper indicates that a long-term solution would require a significant change in U.S. law. It is unknown whether other German DPAs will concur with the Position Paper.