On October 6, 2015, The European Court of Justice (ECJ) delivered a judgement invalidating the U.S.-E.U. Safe Harbor framework. The Chertoff Group explored the implications on United States (U.S.) companies as they consider their market strategies and business operations. Because of the Safe Harbor judgement, U.S. companies can no longer rely on the Safe Harbor framework as a means to comply with E.U. data protection laws relating to the safe transfer of data on their European customers to the U.S. As a result, U.S. companies must evaluate the new policy ramifications as they review, assess, and identify new legal and technical solutions while considering their business go-to-market, channel development, positioning, and communications strategies.
In this paper, The Chertoff Group reviewed E.U. privacy regulations, U.S. and E.U. joint frameworks, individual E.U. member state regulations, and national intelligence programs to analyze the ruling and resulting effects on U.S. businesses in the short and long term.
[PDF] The Chertoff Group Point of View: The European Court of Justice (ECJ) Decision on United States - European Union Safe Harbor Framework: Policy Highlights and Business Implications