A Study On The Chat Before The Heels Of Advocate General Yves Bot 's Opinion
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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…show more content… They are being pummeled by the Parliament to suspend Safe Harbor immediately.
5. Note: the specific question referred by the Irish High Court is the authority of DPAs to investigate and suspend transfers under Safe Harbor. If, as the AG did, the ECJ finds that DPAs have that authority to suspend without limitation by the Commission, one can envision a tsunami of DPA actions to suspend data transfers or complaints asking them to do so.
6. Along with these, DPAs and the Commission can expect a rush of submissions of Binding Corporate Rules and Model Contract clauses as organizations that have relied on Safe Harbor look for alternatives, though Omer Tene has suggested these too may be subject to challenge on the rationale of an opinion like the AG’s. Omer is a friend and Associate Professor at the College of Management School of Law at the Stanford University Center for Internet and Society. He writes extensively about the internet, privacy, our digital lives, etc.
7. Lastly, a clear declaration that the Commission’s 2000 decision is invalid would nullify the legal basis for data transfers under the Safe Harbor framework unless the Court limits the scope or the effective date of such a ruling. The impact would fall not only on the big Internet brand names that are often the objects of European angst, but on a great many smaller EU enterprises that lack choices for where to store data.
8. The “back hall” chatter in Brussels