ANA Statement on the Invalidation of the EU-US Safe Harbor Agreement

October 7, 2015

Yesterday’s landmark European Court of Justice (CJEU) ruling declaring the EU-US Safe Harbor agreement immediately invalid has raised many potentially serious barriers to international information transfer that, if not resolved quickly, could hobble businesses, including the advertising sector, which operate in both the United States and in Europe. Many companies rely on transferring data between the two continents to power their operations and to assure that advertisements promoting products or services are optimized and effective. The CJEU’s efforts to block the movement of such data will not only impose technical complexities on companies but will also require companies to re-evaluate how they provide online services. Furthermore, Europeans potentially will not have access to new online technologies that require data to be sent outside the 28-member bloc, a stark change from the numerous free digital services previously available to them. Also, this decision threatens to create incentives for differing privacy regimes in the various EU countries creating further complexity and confusion in regard to international information transfer.

ANA strongly encourages the U.S. Department of Commerce to conclude ‎negotiations quickly with the European Commission on a new Safe Harbor agreement. Until a new agreement is reached, the flow of data could be impaired, further dampening the world economy.

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