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Safe Harbor ruled invalid: the court's reasoning and the likely next steps


The European Court of Justice has ruled that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from outside of the EU, is invalid.

The judgment is immediately effective, without a grace period. The Data Protection Authorities of the EU Member States have already scheduled a working group emergency meeting to discuss the consequences of the judgment, but it is unlikely that the meeting will lead to a simple solution for the 4,000+ US companies who rely on Safe Harbor.

This Latham & Watkins briefing examines the court's reasoning and sets out some initial thoughts on the likely next steps.


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