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In a landmark ruling the Court of Justice of the European Union (CJEU) has declared the "Safe Harbor" data sharing system between the EU and the US invalid over NSA surveillance, disclosed by Edward Snowden. The CJEU has for the first time ruled that "mass surveillance" as in the US violated the "essence" of Art 7 and 47 of the EU Charter of Fundamental Rights.
The ruling has major implications for global data flows as more than 4.000 US companies used "Safe Harbor" as their legal basis for EU-US data transfers - including large providers like Google, Apple, Microsoft, Facebook or Yahoo. In addition the ruling could also be relevant case law for similar forms of "mass surveillance" by EU member states.
In addition to explaining the legal situation [and a couple of insiders], the following questions should be answered:
- What are possible legal solutions for global services?
- What are possible technical solutions for global services?
- What are ways forward to enforce fundamental rights in the digital sphere?