Article 29 Working Party Opinion on Cloud Computing

    View Author July 2012
    Squire Sanders invites you to read its latest Client Alert on Cloud Computing, commenting on a recent Opinion issued by the Article 29 Working Party.

    The Opinion is significant in that it effectively rejects the Safe Harbor mechanism as a data transfer solution on the basis that Safe Harbor certification alone cannot substitute for the relevant contractual arrangements and guarantees which may be required by individual data protection authorities. The Opinion suggests that companies engaged in transfers of data between the EEA and the US should, at an absolute minimum, review their existing arrangements and investigate implementation of the Safe Harbor principles in practice, with a view to complementing the principles with additional safeguards.

    The “Article 29 Working Party” (named after the provision in the directive that created it) is an independent advisory body composed of representatives of national and EU data protection authorities and of the European Commission. Its opinions are not binding, but enjoy significant authority.