Menu
5 things you need to know about legally transferring data out of Europe

5 things you need to know about legally transferring data out of Europe

The U.S.-EU Safe Harbor agreement on transatlantic data transfers is dead. What now?

1. It only concerns personal data  The Safe Harbor agreement was -- until it was struck down by the Court of Justice of the European Union on Oct. 6 -- a way to reconcile differences between U.S. privacy laws and the EU's 1998 Data Protection Directive, which prohibits the transfer of Europeans' personal information to countries with inadequate privacy protections. If all you're shifting is production data or environmental measurements, then carry on as you were.

2. It's not the only way to transfer data legally  The directive provides other legal mechanisms under which businesses may transfer personal data outside the EU, whether to the U.S. or elsewhere, including model contract clauses, informed consent, and binding corporate rules. If you work for a multinational conglomerate, your company may have already established binding rules guaranteeing the protection of personal data transferred between different subsidiaries.

3. Your cloud provider may already have your back  Although Amazon Web Services and Microsoft Azure were registered under the Safe Harbor program, it's not game over for them or their customers. Their contracts already include model clauses approved by European data protection authorities promising that the personal information they process will be adequately protected. 

4. Even the alternatives to Safe Harbor may prove inadequate  Many observers have noted that the alternatives to Safe Harbor suffer from some of the same inadequacies that bothered the judges of the CJEU, and may themselves become subject to legal challenge. Data protection authorities across Europe have said they will continue to support the alternatives for now, but German regional DPAs are so concerned they have already refused to approve further model contract clauses and want businesses to stop personal data exports. 

5. January 31 is when things get interesting  That's the deadline Europe's DPAs have given the European Commission to agree on new Safe Harbor rules with the U.S. -- and if no agreement is forthcoming, it's also the date by which they expect companies to find an alternative to Safe Harbor. Until then, they've promised (outside Germany, at least) not to audit or prosecute companies for exporting personal data to the U.S.


Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Featured

Slideshows

Consegna comes to town with AWS cloud offerings launch in Auckland

Consegna comes to town with AWS cloud offerings launch in Auckland

Emerging start-up Consegna has officially launched its cloud offerings in the New Zealand market, through a kick-off event held at Seafarers Building in Auckland.​ Founded in June 2016, the Auckland-based business is backed by AWS and supported by a global team of cloud specialists, leveraging global managed services partnerships with Rackspace locally.

Consegna comes to town with AWS cloud offerings launch in Auckland
Veritas honours top performing trans-Tasman partners

Veritas honours top performing trans-Tasman partners

Veritas honoured its top performing partners across the channel in Australia and New Zealand, recognising innovation and excellence on both sides of the Tasman. Revealed under the Vivid lights in Sydney, Intalock claimed the coveted Partner of the Year 2017 (Pacific) award, with Data#3 acknowledged for 12 months of strong growth across the market. Meanwhile, Datacom took home the New Zealand honours, with Global Storage and Insentra winning service provider and consulting awards respectively. Dicker Data was recognised as the standout distributor of the year, while Hitachi Data Systems claimed the alliance partner award. Photos by Bob Seary.

Veritas honours top performing trans-Tasman partners
An Evening With Eugene Kaspersky for Kiwi partners in Auckland

An Evening With Eugene Kaspersky for Kiwi partners in Auckland

​New Zealand partners came together for An Evening With Eugene Kaspersky in Auckland, an invitation only event as part of Kaspersky Lab Partner Engage. Following an evening of insights and executive networking with the founder of Kaspersky Lab, Eugene Kaspersky, Kiwi partners got up close and personal with Eugene in an unprecedented​ panel discussion. Facilitated by Reseller News, this panel explored channel relationships, successful business strategies, and the latest ground breaking technologies to impact the security market. Photos by Maria Stefina.

An Evening With Eugene Kaspersky for Kiwi partners in Auckland
Show Comments