• European Court Strikes Down Data Sharing Safe Harbour Between the United States and the EU: What’s the Impact for Canada?
  • October 30, 2015 | Authors: K. Paige Backman; Donald B. Johnston
  • Law Firm: Aird & Berlis LLP - Toronto Office
  • In a strongly worded decision, Europe’s highest court yesterday struck down the Safe Harbor accord enabling transatlantic data transfers between the United States and the European Union. The European Court of Justice (“ECJ”) ruled that United States’ Safe Harbour scheme fails in two fundamental ways: first, it fails to provide an adequate level of protection for EU citizens’ data; and, second, it offers EU citizens no judicial means of redress in the United States and denies EU data protection authorities the power to review complaints challenging the validity of the data transfers to third-party countries. The impact of this decision has the potential to be far reaching.