Gartner Research

What Does the ECJ's Decision on Safe Harbor Mean for HCM Technology Deployments?

Published: 20 November 2015

ID: G00293202

Analyst(s): Helen Poitevin , Dawn Hubbard


The European Court of Justice's invalidation of Safe Harbor for EU-U.S. data transfer may impact how many organizations manage data privacy and protection for human capital management applications. HR and HR IT leaders must review their data privacy practices and assess what changes may be needed.

Table Of Contents
  • Impacts


Impacts and Recommendations

  • Following the decision by the ECJ to invalidate Safe Harbor for EU-to-U.S. data transfer, HR and HR IT leaders in organizations that use the Safe Harbor framework for intracompany transfer of employees' personal data from EU countries to the U.S. need to review their approach to data privacy and protection
  • The ECJ's decision means that references in SaaS HCM vendor agreements to Safe Harbor alone as a means of legitimizing an EU-to-U.S. personal data transfer may be considered invalid
  • It will take time for the future of EU-U.S. data privacy regulation to become clear

Gartner Recommended Reading

©2021 Gartner, Inc. and/or its affiliates. All rights reserved. Gartner is a registered trademark of Gartner, Inc. and its affiliates. This publication may not be reproduced or distributed in any form without Gartner’s prior written permission. It consists of the opinions of Gartner’s research organization, which should not be construed as statements of fact. While the information contained in this publication has been obtained from sources believed to be reliable, Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartner research may address legal and financial issues, Gartner does not provide legal or investment advice and its research should not be construed or used as such. Your access and use of this publication are governed by Gartner’s Usage Policy. Gartner prides itself on its reputation for independence and objectivity. Its research is produced independently by its research organization without input or influence from any third party. For further information, see Guiding Principles on Independence and Objectivity.

Already have a Gartner Account?

Become a client

Learn how to access this content as a Gartner client.