Why? The Advocate General's opinion and the Court's decision both turn on the inability of Safe Harbor to prevent surveillance. NO permitted basis for data transfer prevents surveillance, not Model Clauses, not Binding Corporate Rules (BCRs). Logically, if probably not in immediate corporate and EU national practice, the only bulletproof basis for data transfer to the US is now the ever-so-revocable CONSENT, which presumes no fictitious protection from surveillance. See also: https://www.linkedin.com/pulse/good-morning-safe-harbor-dead-what-does-mean-... Your thoughts? Jon Neiditz Kilpatrick Townsend & Stockton LLP Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528 office 404 815 6004 | cell 678-427-7809 | fax 770 234 6341 jneiditz@kilpatricktownsend.com | www.kilpatricktownsend.com ________________________________ Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at 404 815 6500, and destroy the original transmission and its attachments without reading or saving in any manner. ________________________________ ***DISCLAIMER*** Per Treasury Department Circular 230: Any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.