With the recent ruling that invalidated Safe Harbor, how can I protect my privacy and data without Safe Harbor?
However, on October 6, 2015, the European Court of Justice (EJC) ruled the EU-US Safe Harbor Framework invalid. This means every company that previously certified under Safe Harbor is now out of compliance with the European data protection law and is vulnerable to fines by the data protection authorities or orders to suspend transfers. This presents a major challenge for the 4,000+ companies that relied on Safe Harbor. To be compliant, they can either build data centers in Europe to keep their EU personal data in Europe, or alternatives to Safe Harbor (e.g. Model Contracts or Binding Corporate Rules) to legally transfer EU personal data to the US.
The EU-US Safe Harbor Framework ruling does not affect Egnyte, because Egnyte’s European subsidiaries comply with the EU Data Protection Directive (EUDPD) to ensure customer privacy and data protection. Egnyte can protect your privacy and personal data in lieu of Safe Harbor because:
Your personal data does not leave the EU even when you place a support ticket, which is handled by Egnyte’s European support team. To learn more about how Egnyte is well positioned to protect your privacy and personal data, contact an Egnyte Product Specialist.
My company resides outside the EU and the European Economic Area (EEA). How does the Safe Harbor ruling affect me?
The Safe Harbor ruling only affects companies that process, store, or transfer personal data from the EU to the US. If your company does not process, store, or transfer EU personal data in to the US, then Safe Harbor and the Safe Harbor ruling is not applicable to you.
How does the Safe Harbor ruling impact global companies with data and employees inside and outside Europe?
Global organizations, small and large alike, need the flexibility to store and maintain data in the region of their choice. Now that Safe Harbor is invalid, the alternative methods available for cross-border transfers of personal data include Model Contracts and Binding Corporate Rules (BCR).
Model Contracts are standard clauses, which are entered into by US parent companies with their European subsidiaries or their European customers. The European Commission wrote the model contracts, which allow US companies to legally process and transfer personal data.
BCR’s allow global corporations to make intra-organizational transfers of personal data across borders in compliance with EU data protection law. BCR’s are akin to a code of conduct. However, this is a lengthy process whereby US companies work with the Data Protection Authority to implement the BCR’s.
Egnyte opened a European data center in 2010 knowing how important it would be to address the specific needs of our international customers. We follow the stringent levels of data privacy and security with this European data center.
In addition, Egnyte has data centers located in the US. This allows our customers to use the right storage location based on the characteristics of end-user, such as their job role or physical location. This sets Egnyte apart from other cloud companies.
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What should I look for when selecting a SaaS vendor with regards to European data protection?
Before you select a SaaS vendor, you should evaluate your company data privacy policies to make sure your company has the proper regulatory requirements in place. What data do you collect from customers? How does your company protect customer data? Who has access to this data? Where is the data being shared? Where is the data being stored and for how long? Is your company compliant with all the different laws and regulations of the various countries and organizations that you do business with?
When choosing a vendor to handle and protect your European data, consider Egnyte.
Egnyte offers more than a SaaS-only solution. Egnyte is the only Enterprise ready file sharing solution. We offer hybrid deployments with high performance and business continuity, an open architecture that supports any application, any device, any cloud, and on-premises storage.