Re:New Twist in International Relations: Corporate Keep-My-D...
by Silhouette on Friday December 27, 2013 @01:37PM
(#6971927)
The certification, however, is a complete joke since companies can self-assess and register themselves as safe harbor compliant.
And this creates a genuine difficulty for EU businesses, because it's no longer credible to claim that you thought a US business was compliant because of safe harbour arrangements. It may therefore not actually be legal under European laws to export personal data to those US businesses any more. If any European company did so, and as a result there were negative consequences for the subject of the data, that could lead to a nasty lawsuit for the company that did it, even if their actions would have been considered reasonably diligent because of safe harbour a few years ago.
And this creates a genuine difficulty for EU businesses, because it's no longer credible to claim that you thought a US business was compliant because of safe harbour arrangements. It may therefore not actually be legal under European laws to export personal data to those US businesses any more. If any European company did so, and as a result there were negative consequences for the subject of the data, that could lead to a nasty lawsuit for the company that did it, even if their actions would have been considered reasonably diligent because of safe harbour a few years ago.