On the 6th October 2015 the Court of Justice of the European Union declared invalid European Commission’s Decision 2000/520/EC, adopted on the basis of Directive 95/46/EC of the European Parliament and Council, decision which regulated the transfer of personal data from EU member states to bodies located in the United States of America, following the adhesion of those bodies to the Safe Harbour principles.
Following the decision of the Court of Justice of the European Union, European Commission’s Decision 2000/520/EC no longer constitutes a legal basis for the transfer of data to the United States of America and, therefore, the National Supervisory Authority for Personal Data Processing will no longer register any processing of personal data/transfer of personal data to the United States of America on the basis of Safe Harbour principles.
Thus, after the ECJ decision was pronounced, data may be transferred to the USA only on the basis of the other guarantees set out in article 29 paragraph (4), namely standard contractual clauses and binding corporate rules – BCR, as well as in the situations provided by article 30 of Law no. 677/2001.
Moreover, the bodies which have already registered data transfers to the USA may continue to transfer the data only on the basis of the guarantees provided in the previous paragraph.
In this context, we also mention that a Declaration was adopted by the Article 29 Working Party.