Burr Alert: New Uncertainties for European-US Data Transfers: EU Court Strikes Down 15-Year Old Safe Harbor Agreement

Articles / Publications


On October 6, 2015, the European Court of Justice (the European Union's highest court), struck down the US-EU Safe Harbor Agreement that previously provided companies to store personal data about Europeans on U.S. servers, and to transfer data to the U.S., without getting caught in Europe's web of country-specific privacy and data transfer rules. The Court's ruling threatens to wipe out 15 years of accepted business practices overnight.

From 2000 until this week's ruling, companies could internally control their data privacy activities as long as they certified that they were complying with the Safe Harbor Agreement. The Court ruled that this 15-year old self-certification system does not adequately protect Europeans whose data might be transferred out of the EU. Instead, the Court's decision leaves it to each European country's regulators to evaluate all data transfer and protection systems under their respective jurisdictions. In essence, multinational companies must now comply on a country-by-country basis instead of relying on one all-encompassing Safe Harbor.

To download the full article, click here.

Jump to Page

Schedule a Free Consultation

About Burr & Forman Sports Law

The Burr & Forman Sports Law team includes attorneys from a variety of legal and college athletic backgrounds, who provide counsel on marketing, licensing and other agreements. The team, which includes NFLPA certified contract advisors, has represented professional athletes in marketing and other deals, negotiated NIL contracts with NCAA coaching legends, represented professional sports organizations, and negotiated deals with major sporting television networks.

We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see our Privacy Policy.

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.