As we have noted previously, in the wake of the ECJ’s decision that undid the US-EU Safe Harbor, we were told that there would be no enforcement of the EU Directive until after January 31, to allow the US and EU to hammer out a new regime. However, Isabelle Falque-Perrotin, the chair of the EU’s Article 29 Working Party, has stated that the next meeting of the Working Party will take place on February 2. There has been no indication of any extension in the EU’s moratorium on enforcement. While we do expect the question of enforcement to be addressed before January 31, this lack of action may force those affected to make alternative plans for compliance.
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