Abolition of the Safe Harbor Agreement: Legal situation and alternatives

[Introduction] This thesis functions as an analysis of the abolition of the Safe Harbor Agreement: a main data privacy agreement that has been in place from 26th July 2000 until 06th October 2015 between the member states of the European Union and the U.S. as a third party country, outside the European Economic and Monetary Union. The impact of the dissolution of this agreement and possible alternatives to this decision are given based on both a legal and practical standpoint concerning transatlantic data transfer, done mainly for commercial use by companies. The goal of this analysis is to dissect the abolition of the Safe Harbor Agreement and to synthesize the actual status in regards of the alternatives and upcoming decisions regarding the legal and regulatory situation. This analysis should reflect the opinions of the different stakeholders such as governmental and European institutions as well as working parties and law experts. Solutions on how to circumvent the current problem of a missing legal basis regarding transatlantic data transfers will be highlighted throughout this analysis. In the first chapters of the thesis the Safe Harbor Agreement as a whole will be discussed. Further the emergence and procedures of the agreement will be taken into consideration. On the other hand, corresponding directives and agreements made by the European Commission will be reviewed. After the Safe Harbor Agreement and its procedures are discussed, an in‐depth analysis of the impact of the abolishment of this agreement and its effect on both legal and economic matters is conducted. For this analysis, research will mainly be concerned with the transfer of personal data of EU individuals to U.S. companies, an act that was formerly covered by the Safe Harbor Agreement. Furthermore, alternatives of the Safe Harbor Agreement – already in place or in negotiation – will be reviewed. The final abstract will outline possibilities of continuous transatlantic data transfers according to data privacy regulations complying to EU law.