The dissolution of a trade agreement for the transfer of data between the U.S. and Europe shouldn’t dramatically impact cloud vendors or customers in the near term, but does highlight how a lack of clarity around data privacy will hang over the industry in the long-term.
Safe Harbor, a legal framework for data transfers based on an agreement in 2000 between the European Union (EU) and the U.S., was struck down last week by the European Court of Justice. Roughly 4,500 companies used the agreement, but the decision is something cloud vendors are prepared for with contractual language and a glut of new data centers across Europe.
“This is really a formal nail in the coffin that’s already been filled,” said Adrian Sanabria, senior security analyst with 451 Research LLC in New York. “It’s not a surprise to anyone and I’m not sure how much it changes.”
Seen as a victory for privacy groups, the ruling does leave uncertainty about data transfers. Tech advocacy groups on both sides of the Atlantic have called for interim guidance from the pertinent governing bodies, as well the implementation of a new Safe Harbor agreement and long-term legal changes around surveillance regulations in the U.S.
The sought interim guidance might be found in last week Article 29 Group recommendation.
However it has to be noticed that the Article 29 Group only provide non mandatory nor binding opinions and recommendations.
So, we are still left with a question mark. Which process do EU political leaders will implement to alert private citizens when a data breach accident occur?…
