The MER Experience
The 25th Year of Delivering Premier Electronic Records Management Education

Session 03: Taming the Winds of Change Post “Safe Harbor Framework 2.0”: The Impact of New U.S./EU Data Protection Development

The fall of 2015 was a watershed season for global electronic RIM and IG.  Starting with invalidation in early October of the U.S./EU Safe Harbor Framework 1.0 by the EU Court of Justice in the Schrems case, to the EU General Data Protection Act (GDPR), in mid-December, the EU introduced significant new electronic RIM and IG requirements and penalties.  These developments are game-changers for small and large businesses alike given the EU’s broad notion of personal data.

In this session, learn how these developments impact electronic global RIM and IG obligations throughout the entire information management lifecycle, including the processing and transfer of electronic RIM:

  • in traditional and on-line commercial transactions
  • in cross-border discovery for litigation and regulatory investigations
  • for law enforcement and national security purposes

EU authorities have given organizations until only February 1, 2016 to replace the Safe Harbor Framework as a viable mechanism for transfers of such electronic records and information.

Will a “Safe Harbor 2.0” provide a new transfer mechanism, and practical guidance to companies to avoid a negative impact on the free flow of global commerce?

What are the implications for the new GDPR “Privacy by Design” requirements for any electronic records or information management system that processes or transfers personal data?


  • How invalidation of the U.S./EU Safe Harbor Framework for transfers of electronic records and information involving personal data
  • How the new the new General Data Protection Regulation (GDPR) will apply to them, and consequences for failure to comply
  • What steps should they take to prepare their organizations to adjust to these watershed developments in global electronic records and information management

Following the speakers’ presentations, there will be an extensive opportunity for Q&A.

Speakers: James Daley, John Jorgensen