Sharon R. Klein and William M. Taylor Quoted in Diginomica Article, 'Microsoft and Model Clauses - Where the Cloud Stands After Safe Harbor'
Partner Sharon R. Klein and associate William M. Taylor were quoted in the October 9, 2015 Diginomica article, "Microsoft and Model Clauses – Where the Cloud Stands After Safe Harbor."
As Sharon R. Klein and William M. Taylor at U.S. law firm Pepper Hamilton LLP note:
Prior to the [ECJ]'s ruling, these [model clause] alternatives were time-consuming and expensive. This [Safe Harbor] ruling is likely to make these alternatives even more expensive and time-consuming because it enhances the role of each of the 27 different data protection authorities by clarifying that each one must examine the complaints from EU citizens regarding the processing of personal data in another country, even if the Commission has ruled that the other country provides an adequate level of protection.
In addition, neither Binding Corporate Rules nor Model Contractual Clauses shield companies from US government requests for personal information. Consequently, these mechanisms are subject to the same issues cited by the [ECJ], and it remains to be seen whether they will be challenged in the future.
Content contributed by attorneys of Troutman Sanders LLP and Pepper Hamilton LLP prior to April 1, 2020, is included here, together with content contributed by attorneys of Troutman Pepper (the combined entity) after the merger date.