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A staid European Union court in quiet Luxembourg has made waves in international waters by declaring that a data transfer agreement between the EU and the US fails to comply with European human rights law.
The EU's top court had struck down the previous data transfer agreement, Safe Harbour, on concerns about intrusive US surveillance – leaving companies, including Google, Facebook and MasterCard, in legal limbo.
However, it is unclear whether Skype's transfer of communications to the NSA have been sanctioned by Luxembourg through a secret legal assistance or data transfer agreement that would not be known to the data protection commissioner at the start of their inquiry.
Effectively then, the WP29 has agreed to allow more time for the EU and the US to try to forge a new data transfer agreement.
Effectively then, the WP29 has agreed to allow more time for the EU and the US to try to forge a new data transfer agreement.
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Today the EC reiterated the alternative methods available for businesses to enable data flows to continue in the interregnum between data transfer agreements — issuing a Communication which details the various options.
This should include up-to-date provision of repository policies, application forms and any legal controls, e.g. data transfer agreements, or data protection statutes that may apply.
An ASMS could also facilitate management of data transfer agreements, enforcement of data security restrictions, and monitoring of external data access.
The feasibility of multiple ethics approvals, financial and data transfer agreements, and translation of materials into both official languages were also verified.
However, research ethics committees require completion and approval of material transfer agreements and data transfer agreements for biological samples and data collected for research purposes respectively and this requirement may partly address the concern raised by the regulatory authorities.
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