Recent enforcement action by the Federal Trade Commission ('FTC') against 12 US companies that falsely claimed compliance with the US Safe Harbor privacy principles suggests that the FTC is ramping up its enforcement action in response to criticisms from Europe about the integrity of Safe Harbor. However, some say that this decisive action by the FTC may only serve to reinforce concerns in the EU as the European Commission calls for 'full speed' on the reform marked to revolutionise the EU privacy landscape. This article considers some of the current debates in Europe in relation to EU-US data flows following the recent furore around government surveillance activities on both sides of the Atlantic. We also consider the latest updates on progress with the proposed EU data protection reforms and the key compliance messages that the FTC's largest-ever Safe Harbor enforcement action sends to businesses currently relying on the framework.
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