There are lots of materials on our website following on from the Schrems decision and the judgement of the European Court on 6 October 2015 declaring Safe Harbor invalid. We’ve commented in our main alert on the reactions of some regulators in Europe and we have also made a film analysing the effect of the judgement and the reactions of regulators one month on.
On 6 November 2015 the Italian Data Protection Authority (Garante Per La Protezione Dei Dati Personali, commonly called the Garante) published its response to the Schrems decision. The Garante reminded businesses operating in Italy that they will have to put in place other measures to protect personal data. The Garante statement is short and seems to indicate that they intend to follow the Article 29 Working Party agreed position. They also seem to indicate that (at least in the short-term) EU model terms and binding corporate rules will both work but say that they “reserve the right to carry out checks to verify the legality and correctness of the data transfer by those exporting data” (in our unofficial translation).
Reach all of Cordery’s Schrems and Safe Harbor news, commentary and videos at our microsite here.
Jonathan Armstrong is a lawyer with Cordery in London where his focus is on compliance issues.
Jonathan Armstrong, Cordery, Lexis House, 30 Farringdon Street, London, EC4A 4HH
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