TrustArc Blog

Safe Harbor: Coping with Uncertainty

January 31, 2016

As January comes to end it seems that, despite best efforts to reach an agreement on both sides, negotiations for a new Safe Harbor framework will run into February. How can businesses cope with this ongoing uncertainty?

Firstly, the silence will not last long

Even if we don’t have a new framework this weekend we will have further updates from negotiators and regulators early next week. Vera Jerouva from the European Commission is scheduled to update the European Parliament on Monday evening in an Extraordinary Meeting of the LIBE Committee from 7-9pm CET on progress with the negotiations.

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On Tuesday and Wednesday the Article 29 Working Party (the European regulators) are due to meet and Safe Harbor is also top of their agenda.

While this does not necessarily mean we will have a new framework it does mean we will have further clarity on timelines for the negotiations and whether the enforcement grace period will be extended or the regulators intend to start taking action.

Secondly, TRUSTe can help manage the uncertainty

TRUSTe is here to help you ensure your data transfers are compliant whatever happens from a regulatory perspective

Our EU Data Transfer Privacy Assessment package will enable you to stay compliant with Model Contract Clauses now and then easily combine with or switch to Safe Harbor at the point a new framework is announced.

Our recent research found that three-quarters (78%) of companies are holding out for a new Safe Harbor framework. Half (53%) of these companies are also now using or preparing to use Model Contract Clauses. While 49% said they were looking to adopt a combined strategy going forward.

Currently Model Contract Clauses are the only way to achieve compliance. To adopt this mechanism companies must be able to demonstrate compliance, with the EU Data Protection Directive 95/46/EC, along with additional requirements stated under Model Contract Clauses.

Model Contract Clauses Assessment

To help companies implement and operationalize Model Contract Clauses, TRUSTe Assessment Manager includes two templates to guide you through the requirements or processes you may need to implement or update. The Model Contract Clause Assessments guides your company through an evaluation of Controller-Processor and Controller-Controller Sets 1 & 2. The Assessment will also flag requirements companies may need to incorporate into their processes, and make recommendations for addressing those requirements.

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Watch our short demo video here and learn more about the self-assessment process. Of course if you prefer full-service or have any questions, feel free to contact us directly for help at any time.

We’ll be following the Safe Harbor developments closely this week and will be sharing updates on our blog and by e-mail. Subscribe to the blog now and get in touch with your TRUSTe Account Manager to find out how TRUSTe can help you through this period of certainty.