The European Court of Justice's ruling of October 6 on the Schrems case (the Facebook privacy case) confirmed the Commission's approach to review the Safe Harbor arrangement with the US so that it ensures a higher level of data protection.

Vice-President Andrus Ansip and Commissioners Günther Oettinger and Věra Jourová met business and industry representatives on October 15 and were asked for a clear and uniform interpretation of the ruling, as well as more clarity on the instruments businesses could use to transfer data.

The Commission issued on November 6 guidance on the possibilities of transatlantic data transfers to help companies comply with the ruling and rely on alternative transfer tools where available.

Safeguards on data flows

The Commission will also work to finalize negotiations for a renewed and sound framework for transatlantic transfers of personal data, which must meet the requirements identified in the court ruling, notably as regards limitations and safeguards on access to personal data by U.S. public authorities.

As Vice-President Ansip, in charge of the Digital Single Market, said:

"The EU and the US are each other's most important trading partners. Data flows between our continents are essential for people and businesses. While alternative tools exist, a safer new Framework is the best solution to protect our citizens and cut red tape for businesses, especially start-ups."

The Commission's objective is to conclude these negotiations within three months.

A helpful Q&A on transatlantic data transfers is available here.