Trends Report

Brief: EU Safe Harbor Review Impacts US Privacy Processes

European Privacy Regulators Play Hardball With US Safe Harbor Rules And Demand Changes

October 6th, 2014
Heidi Shey, Principal Analyst
Heidi Shey Principal Analyst
Andrew Rose, null
Andrew Rose
With contributors:
Heidi Shey , Chris Sherman , Christopher McClean , Jennie Duong

Summary

The EU Data Protection Act (DPA) attempts to ensure consistent protection of EU data by prohibiting the transfer of personal information to non-EU countries unless they meet the "adequacy" standard for privacy protection — and the US does not. Rather than crafting specific legal restrictions guaranteeing DPA compliance for every data transfer, many US firms adopt the US-EU Safe Harbor Framework, which is effectively an agreement to abide by the EU data protection principles irrespective of jurisdiction. This Safe Harbor agreement has been in effect since 2000; however, recent NSA leaks have brought the whole US privacy position under severe scrutiny, with Safe Harbor being central to the analysis. For security and risk (S&R) professionals responsible for advising business leaders on the changing regulatory environment, particularly as it relates to privacy, this paper reviews key issues with current Safe Harbor efforts, anticipated changes to the Safe Harbor Framework, and what these changes will mean for businesses with a US presence.

Want to read the full report?

Contact us to become a client

This report is available for individual purchase ($1495).

Forrester helps business and technology leaders use customer obsession to accelerate growth. That means empowering you to put the customer at the center of everything you do: your leadership strategy, and operations. Becoming a customer-obsessed organization requires change — it requires being bold. We give business and technology leaders the confidence to put bold into action, shaping and guiding how to navigate today's unprecedented change in order to succeed.