The U.S. and EU’s negotiators on the EU-U.S. Safe Harbor data transfer program have missed an end of May target date for reaching an agreement on amendments to the program.

They nevertheless publicly reaffirmed their commitment to reaching an agreement on the Safe Harbor program, and on an “Umbrella Agreement” that would protect personal data exchanged between the U.S. and EU for law enforcement purposes.  The EU is looking to address concerns over safeguards against over-collection and use of EU citizens’ data by U.S. law enforcement agencies.

Whilst no new target date for Safe Harbor agreement has been announced, Reuters reports that U.S. Under Secretary of State Catherine Novelli is optimistic that an agreement could be reached “very, very soon”, and the wait would be a matter of weeks, not months.

That timing could coincide with the release on June 24th of an important legal opinion by a Court of Justice of the EU (CJEU) Advocate-General, Yves Bot, in a significant EU challenge to the current Safe Harbor (case C-362/14 Schrems).  Although non-binding, the Advocate-General’s opinion on the merits of the case could influence the CJEU’s judges, who are expected to rule on the case later this year.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Phil Bradley-Schmieg Phil Bradley-Schmieg

Philippe Bradley-Schmieg’s practice covers a range of commercial, regulatory and intellectual property matters affecting the IT, e-health, internet media and telecoms sectors, often with a multi-jurisdictional scope.  He advises on intellectual property, compliance and policy matters such as online consumer rights, liability for…

Philippe Bradley-Schmieg’s practice covers a range of commercial, regulatory and intellectual property matters affecting the IT, e-health, internet media and telecoms sectors, often with a multi-jurisdictional scope.  He advises on intellectual property, compliance and policy matters such as online consumer rights, liability for third party content, patent, copyright and database right licensing, privacy and data protection, medical confidentiality, cybersecurity, data breach responses, and law enforcement data disclosure.  Mr. Bradley-Schmieg advises on UK, EU and international law, and has worked in London and Brussels.