More than a week removed from the European Court of Justice’s historic invalidation of the EU-U.S. Safe Harbor Agreement, thoughts on how best to move forward are percolating in the data protection community. Understandably, there are concerns about whether there are any legal and practical avenues for transferring data between the two regions. “Fortunately,” Georgia Institute of Technology Prof. Peter Swire, CIPP/US, writes for Privacy Perspective, “we have faced a similar situation once before and solved it.” Swire lays out how there are legal paths moving forward and calls on the U.S. to take “European law and practice seriously,” while adding “the EU should not be able to insist on U.S. practices that are stricter than what the EU expects of its own organizations.”
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