Protecting Privacy when Transferring Personal Data from the European Union Stewart Dresner Chief Executive, Privacy Laws & Business 5th floor, Raebarn House, 100, Northolt Road, Harrow, Middlesex, HA2 0BX, United Kingdom Tel: + 44 208 423 1300 Fax: + 44 208 423 4536 E-mail stewart@privacylaws.com www.privacylaws.com

Contents 1. Privacy with borders: Fundamental differences between US, Europe and Asia 2. EU Model contracts 3. Binding Corporate Rules 4. European Commission review of US Safe Harbor 5. Others countries to follow Safe Harbor model?

Fundamental differences US/Europe 1. European law/rights based privacy compared with US transaction/sectoral approach. 2. Frustration when IT systems cannot be used as intended - often alternative legal approach after discussion 3. Need to understand the European Union’s approach and the Member States’ differences

Engage with the privacy regulators 1. Europe-wide business associations eg. UNICE 2. ICC (model clauses) 3. FEDMA Code (European level) 4. National codes 5. Consultations on Binding Corporate Rules 6. Meet the regulators: - Privacy Laws & Business Cambridge Conference in the UK (July 5-7th, 2004) - PL&B European Privacy Officers Network

Work with your organization’s business objectives/corporate culture 1. Binding corporate rules initiative encouraging 2. Agreed because of need to make rules more workable for different types of organization and reduce reliance on a rigid legal contract model 3. Expect differences between approaches of GM and Amazon 4. Key to success is the ability of the CPO to make privacy policy compatible with the corporate culture

EU Model Contracts 1. What are EU model contracts? 2. When are they useful? 3. Advantages 4. Disadvantages 5. Who uses them?

Binding Corporate Rules 1. What are Binding Corporate Rules (BCRs)? 2. Where do they come from? 3. Essential elements of a BCR scheme 4. National differences 5. Next steps 6. How useful are BCRs?

Safe Harbor Scheme 1. Established for good reason from US perspective 2. Advantages 3. Disadvantages 4. Is it still worth having? 5. Who are members? 6. European Commission now reviewing it 7. Which other countries want a Safe Harbor?