Seeking a Safe Harbor in a Widening Sea: Unpacking the EJC's Schrems Decision and What it Means for Transatlantic Relations

Seton Hall Journal of Diplomacy and International Relations, 2016, Forthcoming

Kelley School of Business Research Paper No. 15-78

8 Pages Posted: 26 Oct 2015

See all articles by Scott Shackelford

Scott Shackelford

Indiana University - Kelley School of Business - Department of Business Law; Harvard Kennedy School Belfer Center for Science & International Affairs; Center for Applied Cybersecurity Research; Stanford Center for Internet and Society; Stanford Law School

Date Written: October 26, 2015

Abstract

In a move that could cost the European Union (EU) up to 1.3 percent of its gross domestic product, according to the American Chamber of Commerce to the European Union, on October 6 the European Court of Justice invalidated the 15-year old EU-US Safe Harbor Agreement in Schrems v. Data Protection Commissioner, causing some consternation on the part of the more than 5,000 European and US firms that rely on the Agreement to transfer EU data to US servers. Given its potential impacts this case is important to consider on its own merits, but it should also be read as another step in a growing rift between the EU and US not only on privacy law, but also the future of Internet governance itself.

Keywords: cybersecurity, privacy, Safe Harbor, Internet governance

Suggested Citation

Shackelford, Scott J., Seeking a Safe Harbor in a Widening Sea: Unpacking the EJC's Schrems Decision and What it Means for Transatlantic Relations (October 26, 2015). Seton Hall Journal of Diplomacy and International Relations, 2016, Forthcoming; Kelley School of Business Research Paper No. 15-78. Available at SSRN: https://ssrn.com/abstract=2680263

Scott J. Shackelford (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Harvard Kennedy School Belfer Center for Science & International Affairs ( email )

79 JFK Street
Cambridge, MA 02138
United States

Center for Applied Cybersecurity Research ( email )

Wylie Hall 105
100 South Woodlawn
Bloomington, IN 47405
United States

Stanford Center for Internet and Society ( email )

Palo Alto, CA
United States

Stanford Law School ( email )

Stanford, CA 94305
United States

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