‘Hot off the press’ as Commissioner Jourova continues to give her statement to the European Parliament: there is no deal yet on Safe Harbor 2.0. 

The Commissioner outlined the current state of play on the key outstanding areas but was unclear on specifics of what has been agreed and what remains to be done.  But it is clear there are further discussions required with the US and which the Commissioner said would be concluded “as soon as possible”.

In terms of highlights, there are some commitments from the US regarding the proportionality of access to data by US public authorities; establishing an Ombudsman to oversee complaints about US public authority access; ensuring all consumer complaints are adequately resolved; and the level of assurance the US is giving to these commitments. Details on each of these are limited and it appears there is more to do on each of them. The Commission is concerned to ensure that SH 2.0 would survive any further review in a Schrems-like legal challenge. 

The Commission will brief Art29WP tomorrow so there should be further updates then. Key question: how will the DPAs react?