[AusNOG] Fwd: Google Cloud Platform and the decision on Safe Harbor by the Court of Justice of the European Union

[Mattia Rossi]

Ineresting point which I didn't think of (if I understand this correctly):

The issue is actually that you as a business could store data with 
personal information about others. So if that data gets to the US, that 
business is liable.

So to relate this to AusNOG: If you as an ISP store data of European 
customers in the cloud or in the US (Let's say, expats, immigrants etc. 
like I was), you might actually risk being sued by that customer....

Something to think about I guess.

Cheers,

Mat

Am 15.10.2015 um 10:47 schrieb Serge Burjak:
>
> *European Safe Harbor ruling update and Google Apps*
>
> /The following communication is being sent to you as a reseller of 
> Google Apps./
>
> Dear Partner,
>
> On October 6, 2015, Europe’s highest court declared 
> <http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-10/cp150117en.pdf> that 
> the decision of the European Commission regarding the US-EU Safe 
> Harbor framework <http://export.gov/safeharbor/>―one of the legal 
> mechanisms that enables the transfer of personal data from the EU to 
> US companies―is invalid, on the basis that Safe Harbor doesn’t provide 
> an adequate level of protection for personal data originating in the EU.
>
> In light of this ruling, we are sending the following email to Google 
> Apps customers who may be impacted:
>
>     Hello Apps Administrators,
>
>     /Please note that the update below is relevant only if you process
>     personal data and European Data Protection laws apply to that
>     processing. This will often be the case if your business is based
>     in the European Union. If you are unsure whether this applies to
>     you, we suggest you seek advice from legal counsel./
>
>     On October 6, 2015, Europe’s highest court declared
>     <http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-10/cp150117en.pdf> that
>     the decision of the European Commission regarding the US-EU Safe
>     Harbor framework <http://export.gov/safeharbor/>―one of the legal
>     mechanisms that enables the transfer of personal data from the EU
>     to US companies―is invalid, on the basis that Safe Harbor doesn’t
>     provide an adequate level of protection for personal data
>     originating in the EU.
>
>     Through 2015, the European Commission and the US have been
>     negotiating a revised Safe Harbor agreement that should address
>     these concerns, but they were not able to finalize the agreement
>     before the court issued its ruling. Both the Commission and the US
>     have committed to finalizing the revised agreement as soon as
>     possible.
>
>     In the meantime, we’d like to reassure you that we offer a
>     compliance alternative to the Safe Harbor framework and have done
>     so since 2012. Specifically, we offer
>     <http://googleforwork.blogspot.com/2012/06/google-apps-to-offer-additional.html> a
>     data processing amendment
>     <https://www.google.com/work/apps/terms/dpa_terms.html> and model
>     contract clauses
>     <https://www.google.com/work/apps/terms/mcc_terms.html> as an
>     additional means―beyond the Safe Harbor framework―of meeting the
>     adequacy and security requirements of the EU Data Protection
>     Directive
>     <http://europa.eu/legislation_summaries/information_society/data_protection/l14012_en.htm>.
>     Model contract clauses were created specifically by the European
>     Commission to permit the transfer of personal data from Europe.
>
>     Many Google Apps customers have already adopted the data
>     processing amendment and model contract clauses. If you have not
>     already done so, we’d like to remind our Google Apps customers to
>     consider opting-in to the data-processing amendment and model
>     contract clauses. Instructions are available in the Help Center
>     <http://support.google.com/a/bin/answer.py?hl=en&answer=2888485>.
>
> We are committed to helping our customers address their regulatory 
> compliance needs in this area. If you have additional questions, 
> please contact your Google representative orGoogle Apps Technical 
> Support 
> <https://connect.googleforwork.com/community/partners/apps/support/contact-google-support>.
>
> Sincerely,
> The Google Apps Team
>

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