What is Safe Harbour and what is going to happen next?

Over the past few weeks the phrase Safe Harbour has been popping up in a number of news stories. But what is Safe Harbour?

And what on earth is going to happen next?

We’ve put together a comprehensive guide to explain all…

What is the US-EU Safe Harbour agreement? The rundown

So then, what is Safe Harbour? The US-EU Safe Harbour was an agreement between the European Union and United States of America that meant European citizens’ data could be transferred to America.

EU law says that its residents’ data can not be taken out of the EU unless it is transferred to a place with adequate protection.

The agreement allowed American companies to self-certify that they would protect the data which was transferred to and stored in the US.

The organisations had to follow seven Safe Harbour Privacy Principles, which included notifying users about why the company was collecting the data and giving the user the decision of whether or not their data could be used by a third party.

What is Safe Harbour doing in the news and who is Max Schrems?

The controversial pact has been hitting the headlines recently because the European Court of Justice has declared that Safe Harbour, which has stood for 15 years, is no longer valid.

The issue has been forced to prominence by Austrian privacy campaigner Max Schrems who has been in a two-year fight to protect social media users’ privacy.

His court battles went all the way to the top of the European justice system where it was declared invalid as it does not properly protect the consumers.

What does this mean for data transfer between the US and EU?

Businesses that used Safe Harbour now have to review their data transfer policies to make sure it falls into line with the ruling.

Companies in the UK could also be forced to find alternatives to storing their data in America, which could mean increased costs for those businesses.

However, the UK’s independent Information Commissioner’s Office has promised to work with counterpart data protection authorities in the other EU member states to produce guidance for businesses on the options open to them.

What is the future for Safe Harbour? The conclusion

A new agreement between the US and EU has been in the making for about two years.

The EU is attempting to get more protection for its citizens, which will include limiting the American government’s access to the data and allowing EU users’ to sue US companies if their date is misused.

However, an agreement is yet to be confirmed. The European Court of Justice has declared that if a solution to the problem can not be found by January 31 then it may step in and enforce a rule.

It is impossible to know exactly what will happen with data transfer to the US but whatever happens it is likely to mean greater protection for EU citizens. It is always worth understanding whether you data is safe at all times, so keep up-to-date with the latest developments.