Today’s judgment comes at an important time as Europe is building its Digital Single Market to stimulate the Application Economy. The ability to trust that personal data is protected when it is transferred between countries and continents is a central element in the fast-growing Application Economy, the success of which is tied to the secure and rapid movement of data in order to deliver innovative services to consumers and for businesses to be competitive on a global scale.
“While the full impact of the court’s ruling will take time to understand, CA Technologies is committed to continuing to apply appropriate and effective data transfer mechanisms to support its customers and partners, “said Michael Bisignano, CA Technologies General Counsel. “One example of our strong focus on protecting data has been that CA Technologies is one of the few technology companies that has introduced Binding Corporate Rules (BCRs) for data controllers. CA has also worked closely with the UK Data Protection Authority to achieve certification for meeting the highest possible European data protection standards.
“Secure data flows around the whole world have become the lifeblood of economies so we have very strong concerns about the implications of today’s judgment for the Application Economy. The consequence of the decision will go beyond Safe Harbor, creating the risk of a fragmented approach in Europe towards international data transfers. This can create legal uncertainty that could become a roadblock for the continued development of the Application Economy in Europe. A fragmented approach to international data transfers is the last thing Europe’s connected Application Economy needs.
“We believe that the European institutions and the United States government should collaborate over how best to resolve Safe Harbor provisions so that legal certainty can be assured for organisations,” he said.