8 Ways To Secure Data During US-EU Privacy Fight - InformationWeek

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2/15/2016
08:05 AM
Lisa Morgan
Lisa Morgan
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8 Ways To Secure Data During US-EU Privacy Fight

After months of legal uncertainty over transatlantic data flows, the European Commission and the US have agreed on a new framework called the EU-US Privacy Shield. But because no text is available yet, there's no way to interpret it. Here's what organizations need to know now.
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Do Not Rely On The Safe Harbor Framework 

Data transfers complying with Safe Harbor framework are now unlawful. While it may be true that there isn't a lot of policing happening, especially of SMEs, some countries are paying closer attention than others.

'Liability depends on where companies have offices and assets, [and] how much data they're transferring. If you're transferring data from Germany you may be at more risk than transferring data from the UK,' said Chiara Portner, an IAPP-certified partner at Paradigm Counsel, in an interview. 'I don't see authorities going after very small companies that might not be transferring lots of data. They're probably looking at Facebook or Google to make them a poster child.'

Different countries are imposing different fines. Rather than proceeding blindly, some organizations are weighing the risks of liability against the benefits of data transfers that may be considered illegal. Others are adopting Standard Contractual Clauses. 

(Image: WikiImages via Pixabay)

Do Not Rely On The Safe Harbor Framework

Data transfers complying with Safe Harbor framework are now unlawful. While it may be true that there isn't a lot of policing happening, especially of SMEs, some countries are paying closer attention than others.

"Liability depends on where companies have offices and assets, [and] how much data they're transferring. If you're transferring data from Germany you may be at more risk than transferring data from the UK," said Chiara Portner, an IAPP-certified partner at Paradigm Counsel, in an interview. "I don't see authorities going after very small companies that might not be transferring lots of data. They're probably looking at Facebook or Google to make them a poster child."

Different countries are imposing different fines. Rather than proceeding blindly, some organizations are weighing the risks of liability against the benefits of data transfers that may be considered illegal. Others are adopting Standard Contractual Clauses.

(Image: WikiImages via Pixabay)

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jagibbons
50%
50%
jagibbons,
User Rank: Ninja
2/17/2016 | 1:58:23 PM
Re: Limbo
Political issues always take more time that business decisions.

Another angle for frustration is the fact that the EU court, as a body, can invalidate an agreement, but that the replacement agreement has to come from each of the EU member nations. It's going to be a long time before all the dust settles.
LisaMorgan
50%
50%
LisaMorgan,
User Rank: Moderator
2/17/2016 | 1:51:45 PM
Re: Limbo
It is a very uncomfortable time.  No one I talked to is expecting a magical solution.  They're expecting the Privacy Shield to be challenged and for the process to take longer than advertised because it's not just a business issue, it's a political issue.
jagibbons
50%
50%
jagibbons,
User Rank: Ninja
2/17/2016 | 1:29:43 PM
Limbo
If the way businesses have been sharing and protecting data between the US and our friends across the pond is now illegal and there's no text or usable guidance on what to do now, that puts a lot of companies in a really difficult place where they may not be able to make any decisions. I'm glad all of our business is solely within the US and we don't have to interact with foreign entities and potentially share, or not share, data.
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