International data transfers between the United States and the European Union: are the procedural provisions of the Safe Harbor solution adequate?

摘要

Data transfers out of the European Union are only admissible if the third country ensures an adequate level of protection. With regard to the United States, organizations may adhere to so-called Safe Harbor principles whereby an adequate level of protection is admitted. This article reviews the relevant procedural provisions on granting the Safe Harbor status. It concludes that the current system does not really safeguard compliance with the Safe Harbor principles.