How will the EU ruling on data flow impact India?

|October 8, 2015 0

MUMBAI, INDIA: The landmark judgement from the European Court of Justice declaring invalid, the Safe Harbor Framework that has streamlined the transfer of personal data from Europe to the US since 2000, has received mixed response from the Indian diaspora.

While industry bodies NASSCOM and AmCham cautioned that the EU ruling may impact the Indian IT segment, free speech advocates welcomed it.

A look at the arguments:
Gagan Sabharwal, Director, Global Trade Development, NASSCOM:
With the court’s ruling, the requirements for any agreement to transfer data from the EU become clearer.



The ruling does not preclude any type of future agreement, be it partial adequacy or a safe harbour framework between the EU and India to ensure the free flow of data which is compliant with the EU’s data protection standards.

Susan Danger, Managing Director, AmCham EU:
By immediately invalidating safe harbour, international business could be severely disrupted unless the EU institutions and data protection authorities offer alternative mechanisms and a reasonable transition period.

Otherwise, the judgement could have far-reaching repercussions for consumers, employers and employees.

Estelle Masse, European Policy Analyst, Access, a free speech advocate:
This ruling confirms that the safe harbour mechanism is beyond repair, and puts an end to over a decade of privacy violations.

How will the ruling affect you? What is the business impact you foresee?

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