Seeking a Safe Harbor in a Widening Sea: Unpacking the EJC's Schrems Decision and What it Means for Transatlantic Relations
Seton Hall Journal of Diplomacy and International Relations, 2016, Forthcoming
8 Pages Posted: 26 Oct 2015
Date Written: October 26, 2015
Abstract
In a move that could cost the European Union (EU) up to 1.3 percent of its gross domestic product, according to the American Chamber of Commerce to the European Union, on October 6 the European Court of Justice invalidated the 15-year old EU-US Safe Harbor Agreement in Schrems v. Data Protection Commissioner, causing some consternation on the part of the more than 5,000 European and US firms that rely on the Agreement to transfer EU data to US servers. Given its potential impacts this case is important to consider on its own merits, but it should also be read as another step in a growing rift between the EU and US not only on privacy law, but also the future of Internet governance itself.
Keywords: cybersecurity, privacy, Safe Harbor, Internet governance
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