Jan Dhont, Brussels partner and head of the firm’s European Privacy and Data Protection practice authored the Corporate Counsel article, “The Sinking of the Safe Harbor: Just Another Symbolic Decision?” In the article, Dhont discusses the concerns and uncertainty stemming from the October 6 European Court of Justice strike-down of Safe Harbor, and where companies may go from here. This ruling is a matter of global concern and may actually result in less privacy for individuals, not more.
Dhont notes that while there are mid- to long-term solutions to take the place of Safe Harbor, this ruling could impact those as well. In addition, companies may be exposed to higher regulatory fines. National regulators are calling for the EU and U.S. to come to a negotiated solution, such as a second version of Safe Harbor, which Dhont believes would be the best way to resolve this situation.