Negotiations on Safe Harbor continue ahead of the end January deadline. Currently there is no agreement in sight, and it is unclear exactly how far apart the parties are at this stage.

The EU negotiators have a clear position that the bulk of their requirements have been on the table for the last two years, following the EU Commission’s review of Safe Harbor in 2013. Add to that the requirements of the CJEU ruling in Schrems in relation to equivalance of protections, as well as the very well established jurisprudence from the CJEU and the European Court of Human Rights in relation to mass surveillance, and there is a significant mountain to climb to achieve a deal that will not be easily challenged.