Data Privacy: 5 Lessons Learned from Safe Harbor's Demise
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Consider Your Options
The fall of Safe Harbor has shown the technology industry that one cloud does not fit all. Previously, concerns about data sovereignty were exclusive to highly regulated industries, such as legal, health care, financial services and government. This is no longer the case, as the EU has ruled that the principles of data sovereignty are inherently connected to privacy.
Enterprises need to learn what cloud options they have, as well as the benefits of each. Oftentimes, the term "cloud" is associated with something outside the reach of the company, but this isn't always the case. Companies can own their own cloud, via private and on-premise solutions, retaining not just legal, but physical ownership of their data. The collapse of Safe Harbor will lead to many more companies investigating these previously niche solutions as a way of complying within the new global technology landscape.
In October, the European Union's highest court struck down the "Safe Harbor" Privacy Principles, a provision that allowed for the sharing of European personal data between the EU and U.S. The verdict is meant to preserve EU citizens' inherent right to privacy given the reality of U.S. national security laws, specifically The Patriot Act, which provide the NSA nearly unilateral access to data managed by U.S. companies.
While this may be a win for privacy advocates, it has left almost 5,000 companies with no clear solution for legally transferring data between Europe and the U.S. Temporary workarounds such as the use of Model Clauses are inefficient, and are currently operating in a legal grey area until regulators take a firmer stance on acceptable practices. In this slideshow, Accellion outlines the top five lessons businesses need to learn from Safe Harbor, as well as how they can apply them to their business strategy.
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