Data Transfers to the USA: the "Safe Harbor" Authorisation is Invalid
- Autore:
- Garante per la protezione dei dati personali
- Doc-Web:
- 4472540
- Data:
- 06/11/15
- Tipologia:
- Comunicato stampa
DOCUMENTI CITATI
- Trasferimento dati personali verso gli USA: caducazione provvedimento del Garante del 10 10 2001 di riconoscimento dell’accordo sul c d “Safe Harbor" - 22 ottobre 2015 [4396484]
- Trasferimento dati in USA: decaduta l’autorizzazione “Approdo sicuro”
- Authorisation for the Transfer of Personal Data to Organisations Established in the United States of America in Compliance with the Safe Harbor Pr
Data Transfers to the USA: the "Safe Harbor" Authorisation is Invalid
Companies to rely on other tools to protect Italian citizens´ data
The Italian Data Protection Authority (Garante) ruled that the authorisation it had issued years ago to enable data transfers to the USA on the basis of the so-called "Safe Harbor" Agreement is invalid. Accordingly, companies, multinationals and other organisations will have to rely on other tools under the data protection law to transfer data across the Atlantic.
The Garante adopted this decision – to be published shortly in Italy´s Official Journal – following the recent judgment whereby the CJEU declared the "Safe Harbor" regime to be invalid, which did away, in turn, with the legal basis for transferring personal data from the EU to the USA via this regime. The decision by the Italian DPA is in line with the stance taken jointly by the Article 29 Working Party (including representatives from all EU DPAs) in the past month.
Until specific decisions are taken at European level, companies may thus lawfully transfer Italian citizens´ data to the USA with the help of other tools such as – for instance – Standard Contractual Clauses or the so-called Binding Corporate Rules (which may be relied upon to regulate data flows within a corporate group).
The DPA reserved the right to carry out controls in order to establish whether data transfers are being carried out lawfully by data exporters.
Rome, 6 November 2015