The organisations have drafted alternative model contracts that aim to satisfy EU data protection regulations yet avoid the red tape causing their frustration. One lawyer who participated in drafting the new contracts explained,
“we appreciate all the work the Commission has done, but their clauses impose responsibilities on data importers and exporters which exceed the ‘adequate level of data protection’ required in the EU Data Protection Directive for international data transfers.”
The draft contracts aim to achieve a fine balance by using more flexible mechanisms to maintain data protection yet reflect business realities. The organisations wish to highlight that efficient data transfer is essential in a global marketplace but acknowledge that privacy is an overriding principle.
One representative explained:
“Businesses should be free to exchange data, including personal data, about their employees, customers and prospects outside their own country’s borders. At the same time, privacy must be adequately respected”