EU firms loath to give U.S. data.
by Swartz, Nikki
European companies that refuse to provide data that they fear could
violate EU data protection laws could risk being thrown off U.S. stock
exchanges, according to an article in European Voice.
The problems were highlighted at a recent debate held by the
American Chamber of Commerce in Frankfurt by companies doing business in
the United States or with sister or parent companies in the country.
The type of data requested by U.S. authorities is often aimed at
investigations into corporate governance, but European companies are
often reluctant to hand over data because the United States does not
guarantee that it will be used only for a specific purpose and not
shared with other U.S. agencies.
"If the respective purpose is clear and restricted, then
that's fine, but if it's a case of 'give us all your data
and we will see what we can make of it,'" that is
unacceptable," Mark Hilgard, co-chairman of the corporate and
business law committee of the American Chamber of Commerce in Germany,
told European Voice. He added that companies were often asked for
data--names, addresses, e-mail addresses, and phone numbers--on all
their employees. Employee consent must be given voluntarily, and firing
those who do not agree with their data being transferred to the U.S.
authorities also violates EU laws.
Demands for data have increased since 9/11, the report said.
Controversial transfers, including information on airline passengers
traveling to the United States and banking transfer information through
the SWIFT banking network, have alarmed European companies about the
different interpretations of data protection on either side of the
Atlantic.
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"The understanding of the purpose of data protection is very
different between Europe and the United States. They use the same words
but have different concepts," Hilgard said.
The SWIFT case particularly worried European companies because the
company was subpoenaed to supply information to the U.S. authorities.
After it supplied the information, however, SWIFT was accused of making
transfers that violated EU data protection laws.
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