Article 29 Working Party Requires Political Action
Inside a concise statement, the content 29 Working Party (WP29), a consortium of European Data Protection Government bodies (DPAs), released a situation paper today concerning the landmark ruling from the European Court of Justice in Maximilian Schrems v. Data Protection Commissioner (C-362-14).
WP29 constitutes a political ask the EU Member States to finalize discussions using the US government bodies on the political and legal solution for that change in private information in the EU towards the US. The answer should make sure that strong guarantees are supplied to EU data subjects against US surveillance. WP29 calls around the Member States to locate a solution through the finish of The month of january 2016. Following this deadline, the DPAs may initiate coordinated action to enforce the ECJ’s decision and suspend data flows.
WP29 causes it to be obvious the ECJ’s decision is instantly effective, and firms might not depend on Safe Harbor certifications to transfer data.
Importantly, however, WP29’s statement also provides some reassurance to companies, because it clarifies the next:
- Model Contracts and BCRs aren’t in danger of as soon as.
- It isn’t just for companies to remediate the problem – responsibility lies using the EU institutions and Member States too. Meanwhile, companies are requested to mitigate risks.
- The DPAs will monitor the litigation pending prior to the Irish Court, that is given the job of applying the ECJ’s decision. For the reason that process, there’s still room for positive developments, when the Irish Court and also the Irish DPA decide, for example, the change in Schrems’ data shouldn’t be suspended.
The statement from the WP29 can be obtained at: http://world wide web.alston.com/files/docs/wp29_statement_on_schrems_judgement.pdf