The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer mechanisms.
Following a significant fine against the parties to an asset acquisition for illegally transferring customer information, the Bavarian Data Protection Supervisory Authority (Bavarian DPA) announced on August, 20, 2015 that it has fined a company that engaged a service provider based on a data processing agreement which did not meet the requirements of Section 11 of the German Federal Data Protection Act (FDPA). The technical and organizational measures of the service provider were not specified as required by Section 11 of the FDPA.
