The Unabhängige Landeszentrum für Datenschutz (ULD) has released an opinion disagreeing with the European Commission’s stance that, with the removal of Safe Harbor, alternative justifications such as contractual provisions and binding corporate rules may be used instead. The ULD’s opinion suggests that the contractual obligations set out in Commission Decision 2010/87/EU whereby the data importer makes commitments to the EU data exporter are insufficient. The ULD has also considered the issue of consent for data transfers, noting that consents must have been given without any doubt.

ULD positionspapier (PDF) (in German)