The European Court of Justice will issue a key decision on October 6 that could have significant implications for thousands of American and European companies that use the US-EU Safe Harbor program to transfer data globally.

Baker & McKenzie Partner Brian Hengesbaugh, who served on the team that negotiated Safe Harbor in the 1990s while with the US Department of Commerce, explains three steps companies should take in advance of Tuesday’s ruling:

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Mr. Hengesbaugh also addresses what he anticipates the Court will rule and its potential implications:

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Mr. Hengesbaugh explains the background of the Safe Harbor program — how it came to be and his role in the negotiations:

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