Privacy Shield

Insights on European Court of Justice Advocate General's Safe Harbor Opinion

Thousands of US companies participate in the US-EU Safe Harbor program, and many more thousands of European companies rely on Safe Harbor to send data to the United States.

Baker & McKenzie Partner Brian Hengesbaugh negotiated the US-EU Arrangement on Safe Harbor in the 1990s when he was with the US Department of Commerce, and below he discusses what today’s Advocate General opinion means and its potential implications.

What Are The Key Points of the Advocate General's Opinion?

What Are Some Concerns with the Advocate General's Opinion?

What Are The Implications Of The Opinion For Companies Who Participate in the Safe Harbor Program?


Brian Hengesbaugh will serve as a speaker at Doing Business Globally, providing insights on various data privacy issues.

For more information on the Safe Harbor agreement, read two recent pieces by Baker & McKenzie practitioners:

  • U.S. Federal Trade Commission is serious about enforcement of the U.S.-EU Safe Harbor Framework
  • European Commission Reaffirms Safe Harbor and Identifies 13 Recommendations to Strengthen the Arrangement