Is the Safe Harbor Program still safe?

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Recent developments have further increased pressure in the EU for safe harbour reform. There is a risk that, in the short term, the Safe Harbor Program will be amended or even replaced by a more burdensome programme. By the end of this year, there will hopefully be more clarity on the future of the Safe Harbor Program.

As long as the EU Commission’s and Switzerland’s adequacy decisions on safe harbour stand, the Safe Harbor Program remains an attractive tool for allowing data transfers from a data exporter based in the European Economic Area or Switzerland to a US-based data importer.

According to article 25 of the EU Directive on data protection, personal data may be transferred from the EU to a third country, if that third country ensures an adequate level of data protection…

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