Further to its initial public statement regarding the ECJ Safe Harbor judgement, the Austrian DPA has released an update, clarifying its position that, for the time being, the Austrian DPA will accept EU Model Clauses or Binding Corporate Rules as basis for transfers of personal data to the USA. Wheras the use of both EU Model Clauses or Binding Corporate Rules requires an approval of the DPA for the specific case of data transfer, there is at least clarity now that EU Model Clauses and Binding Corporate Rules are accepted as legal basis for obtaining approval in Austria.
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Austria: update by the DPA regarding Model Clauses and BCR after the Safe Harbor judgement
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