EU: CJEU AG Safe Harbor Opinion could 'wreak economic havoc'

DataGuidance │ September 24, 2015

Legal analysts comment on the AG’s recent opinion in Maximillian Schrems v. Data Protection Commissioner in which he criticized the adequacy of the Safe Harbor framework and stated it must be declared invalid. Lisa Sotto tells DataGuidance, “[i]t’s hard to believe that the CJEU would find that a mechanism taken as seriously as the Safe Harbor provides less ‘adequate’ protection than other transfer mechanisms for which there is virtually no enforcement.” Sotto is the head of the firm’s global privacy and cybersecurity practice.