A Study On The Chat Before The Heels Of Advocate General Yves Bot 's Opinion

757 Words Oct 2nd, 2015 4 Pages
As I noted in our chat before the webinar began, coming on the heels of Advocate General Yves Bot’s opinion (such an accelerated timeline is unprecedented; a final decision usually issues 3-4 months after the AG opinion) the news that the European Court of Justice plans to issue a final decision on October 6 raises the prospect of a swift “one-two punch” to the Safe Harbor arrangement. The outcome could throw the existing Safe Harbor framework into disarray and conceivably invalidate it.

2. A final opinion invalidating the framework approved in the Commission’s 2000 opinion would be seismic. The U.S. and EU have the largest trade relationship in the world; they account for over half of global GDP and almost one-third of global trade flows. As I learned at the GW US/EU antitrust event this past Monday, these trade flows are supported by increasing flows of digital information in many sectors, for transactions, supply chain management, logistics, customer relations and workforce management. With more than 4,000 U.S. and European companies subscribing to its principles, the Safe Harbor agreement has been a vital enabler of these information flows.

3. So any decision adverse to this agreement will place a dark cloud of uncertainty over these data flows and potentially disrupt them. This is much, much bigger than the impact on e-discovery.

4. At a minimum, such a decision will magnify political pressure on the Commission to suspend the Safe Harbor Agreement. My source at the…

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