International business is lobbying the European Commission to
reduce the bureaucracy involved in data transfer between the EU and
the rest of the world. According to organisations including the
International Chamber of Commerce, Federation of European Direct
Marketing, the Japan Business Council in Europe and the
Confederation of British Industry, companies are being burdened by
obligations that exceed European legal requirements and are
restrictive to business.
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”
