Safe Harbor Alternatives

On October 6, 2015, the European Court of Justice declared the US-EU Safe Harbor Framework to be invalid. The Safe Harbor Framework was the primary legal basis for many companies to process EU data in the US. If you are like most companies who have been reliant on Safe Harbor to do business in Europe, you are likely scrambling for an alternate way to transfer EU personal data legally.

Don’t get frustrated, though! With roots in Europe, 2B Advice has the experience and the knowledge to help you stay compliant and keep your business in shape.

UPDATE: On February 2, 2016, it was announced that the EU-US PRIVACY SHIELD will replace the Safe Harbor Framework. Start preparing for the new requirements now!

EU-US Privacy Shield (NEW!)

After much anticipation, the European Commission and the United States have finally agreed that the new EU-US Privacy Shield agreement will be replace the Safe Harbor Framework as the primary basis for businesses to legally transfer EU data to process EU data in the US.
This new agreement is much stricter than Safe Harbor and will require U.S. businesses to implement new processes and enforce new policies in order to comply. 2B Advice can help your company update your existing program or set up a new program to prepare for this new agreement.
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Binding Corporate Rules

Binding Corporate Rules are rules approved by the European regulatory authorities that must be enforced throughout a corporation/group. Their valid implementation requires appropriate documentation and the existence of an organized corporate data privacy structure.
Since the implementation of the rules, the establishment of the corporate structure, and the approval process are all quite time-consuming in our experience, we see Binding Corporate Rules as a long-term solution to help corporations compensate for the end of Safe Harbor.
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Model Contractual Clauses

The EU’s “Model Contract Clauses” present a possible short-term solution to compensate for the discontinuation of the Safe Harbor agreement.
Your company would sign the Model Contract Clauses with your American contract partners in their unaltered form – if the clauses are altered in any way, then they must first be submitted to the regulatory authority for approval. We are happy to provide any necessary support in developing customized contracts and the approval process with supervisory authorities.

European Privacy Seal (EuroPriSe)

This is an additional step you can take to foster trust of your business and its privacy practices.
EuroPriSe a prestigious certification for companies adhering to rigorous standards regarding management of EU data.
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