Simon’s quick take on the safe harbour news.
The European Court of Justice (CJEU) handed down a decision declaring EU-US safe harbour for personal data invalid this morning. It has far-reaching implications for cloud services in particular and may presage increased opportunity for open source solutions from non-US suppliers. Looks like a real gift to companies like Kolab.
Here’s my first reaction on reading of the sources. Let me know what I have wrong & I’ll fix it. In the Opinion of the Advocate General (who has a broader but compatible view), he said:
¶183. I am therefore of the view that Decision 2000/520 must be declared invalid since the existence of a derogation which allows in such general and imprecise terms the principles of the safe harbour scheme to be disregarded prevents in itself that scheme from being considered to ensure an adequate level of protection of the personal data which is transferred to the United States from the European…
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