The Present and Future of the EU-U.S. Safe Harbor Agreement - A Critical Analysis in the Light of Privacy and Trade

Abstract

This Master Thesis sheds some light on the former Safe Harbor as an instrument to facilitate digital trade by allowing data flows from the EU across the border to the U.S. It outlines the development and evolution of this hybrid solution until its invalidation by the European Court of Justice on October 6, 2015. A special focus will be given to the substantial differences between the EU and the U.S. understanding of privacy and the thereof resulting difficulties when it comes to data flows and consequently the Safe Harbor or Privacy Shield. Moreover, the EUs recurring demand for privacy will be analyzed against the backdrop of trade and the possible trade barriers in the form of localization barriers resulting from it.

The thesis will also give some recommendations concerning future policy making by the EU and an outlook to the possible developments as of 2015.

Keywords: Safe Harbor, Privacy Shield, Privacy, Data Flow, Trade Barriers, Digital Trade