22.10.2015

The Safe Harbor Agreement has been declared invalid, causing a great stir around data protection and data safety. The Bremen-based consultancy Consultix GmbH offers a safe haven for data to their clients. The Customer Engagement Hub ProCampaign by Consultix, awarded with the European Privacy Seal “EuroPriSe“, is hosted in Germany - in a data center that has been specially designed for individual-related data. In future, additionally all data will be stored in another data center in a nuclear bunker in Germany. All data centers are operated by Consultix and are equipped with elaborate protection, thanks to an intrusion prevention system (IPS) and DDoS attack prevention systems.

Since 2000 transferring individual-related data from the EU to the USA has been permitted. The so-called Safe Harbor Agreement was legally binding. But that is history since 6 October 2015, because the European Court of Justice declared the agreement invalid. The reason being that in the USA information was not sufficiently protected from secret services and other authorities. All companies that have transferred user details from the EUR to the USA now have to look for alternatives.

European Privacy Seal „EuroPriSe“ for ProCampaign 

Clients of Consultix GmbH and ColocationIX GmbH from Bremen can trust in the processing of their data, which is safety-certified to EU standards.
“The Customer Engagement Hub ProCampaign, an online management software of client data for companies, has been awarded the European Privacy Seal „EuroPriSe“, the official European seal for privacy. ProCampaign has been audited according to the European standards for seals of quality, as well as the data protection auditing regulation of Schleswig-Holstein", emphasizes Consultix CEO Andres Dickehut.
For these reasons, the Independent Data Protection Center awarded Consultix both seals of quality. As the first extensive CRM system, ProCampaign has been awarded for the implementation of exemplary solutions for data protection.

The software enables companies to communicate with their clients via different channels, focusing on the company targets. ProCampaign is a multifunctional, web-based application that supports customer relationship management (CRM), and which is used, among other things, in marketing and in the administration of consumer data.

The system fulfils the highest safety standards

Consultix GmbH from Bremen will shortly host the application in the high-security data center of the sister company Colocation IX, in a nuclear bunker in Germany. In addition to eCRM, Consultix also offers Dedicated Hosting, VMware Virtualization and cloud services. All data centers will be operated by Consultix and are equipped with elaborate protection, thanks to an intrusion prevention system (IPS) and DDoS attack prevention systems.

Governments use loopholes in IT security, but so do criminal hackers and industrial spies. Therefore, cyber attacks pose a real threat to privacy and consequently to the personal integrity and the material possessions of Internet users. Consultix joined the Cyber Security Alliance to obtain extensive information regarding safety measures and best practices. Therefore, Consultix is better equipped to face the challenges caused by cyber war and industrial espionage.

An article written by the American Direct Marketing Association (DMA), of which Consultix GmbH is a member, takes up this topic.

Article from the Direct Marketing Association (DMA)

US-EU Safe Harbor Framework Faces New Challenges

An opinion released this week by the European Union (EU) Court of Justice could threaten the entire US-EU Safe Harbor Agreement and derail months of negotiations that would rework the accord.

The US-EU Safe Harbor Framework for cross-border data transfers was set up when the EU passed the 1995 Directive, which prohibited the transfer of personal data to non-European Union countries that do not meet the EU “adequacy” standard for privacy protection.  Set up by the U.S. Department of Commerce in consultation with the EC, the Safe Harbor Framework provides a streamlined means for US organizations to comply with the Directive, and allows them to partake in the free flow of data across borders.

The opinion, released by Yves Bot, the Advocate General of the European Court of Justice, certifies that national authorities have the power to investigate and even suspend data transfers between the United States and the EU despite the agreement in place. Bot’s opinion argued that the framework lacked safety guarantees, and criticized the regulatory abilities of third party providers, who ensure that American companies are up to the “adequate” standards of the EU.

The opinion follows a complaint brought by Max Schrems, a 27-year old Austrian law student. Schrems argued that his data wasn’t being adequately protected, and cited Prism, the National Security Agency’s (NSA) surveillance program that allows the U.S. government to access individual’s personal data held by major U.S. tech firms, as a reason to eliminate the Safe Harbor Framework. Former NSA contractor Edward Snowden publically revealed the Prism program in 2013. However, the complaint was rejected from being heard by a European court because of the Safe Harbor Framework.

The tech industry pushed back on the opinion arguing that third party providers guarantee protection, and that the European authorities are legally bound to follow the framework. A representative for the U.S. Department of Justice (DOJ) released a statement assuring that negotiations were pushing ahead, and that a conclusion would be met soon. Negotiations to rework Safe Harbor were previously thought to conclude by the end of the year.

Wednesday’s opinion also follows comments released earlier in the week by U.S. officials and tech executives critical of the EU’s tech policies, which fault Europe for engaging in “digital protectionism.” EU officials released comments on Tuesday in response saying that although the two have “different views and beliefs,” it is essential for the U.S. and EU to continue working together.

Additionally, amid the flurry of activity surrounding the Safe Harbor Framework, Europe’s Digital Commissioner Gunther Oettinger visited the U.S. this week to meet with both U.S. officials and top executives in the U.S. private sector. Oettinger met with Federal Communications Commission (FCC) Chairman Tom Wheeler and Commerce Secretary Penny Pritzker on Tuesday, followed by a meeting with Federal Trade Commission (FTC) Chairwoman Edith Ramirez on Friday. Oettinger also met with representatives from top tech firms including Facebook COO Sheryl Sandberg, and Google CEO Sundar Pichai to discuss the relationship between the EU and U.S. tech sector. No doubt they had plenty to talk about.    

DMA remains an ardent supporter of The Safe Harbor Framework. Safe Harbor plays an important role in facilitating the responsible use of data across jurisdictions. DMA believes that these means of promoting data flows must be allowed to continue because the Framework offers an efficient and enforceable protection for the international flow of data into the US from Europe.

The free flow of data for responsible marketing use is a driving force behind the global economy. In 2012, the data-driven marketing economy added $156 billion in revenue to the US economy and fueled more than 675,000 jobs. Businesses use data to create valuable products and services, enhance productivity, improve efficiency, deter fraud, and foster economic growth. It is essential that clear, interoperable data protection regimes be in place, while enabling innovation through the flow of data for responsible marketing use. 

Additionally, DMA advocates for the importance of third party regulators in the Safe Harbor Framework. As a Safe Harbor dispute resolution provider, DMA helps companies meet the requirements of the Safe Harbor Enforcement Principle and resolves any data privacy complaints while ensuring the free flow of data.

For more information, please contact Rachel Nyswander Thomas, DMA’s vice president of advocacy and accountability. 

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