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Field Fisher Waterhouse teams up with Government of Bermuda to introduce EU data protection initiative

22 October 2009

Field Fisher Waterhouse has teamed up with the Bermuda Chamber of Commerce’s Business Technology Division and the Government of Bermuda's Ministry of Energy, Telecommunications and E-Commerce to pioneer a new approach to international data transfers to service providers.

European companies normally need to enter into complex agreements with their overseas service providers to overcome the prohibition under EU data protection law on transfers of personal data to non-EU countries. Field Fisher Waterhouse's Privacy and Information Law Group has developed an alternative aimed at replacing these cumbersome agreements with a set of internal data protection rules. These are called Binding Safe Processor Rules (BSPR) and are applicable to clients' data processed by service providers.

The new approach will be unveiled at the Global Public Policy Summit hosted in Bermuda from 1st to 3rd of November and is targeted at global outsourcing companies. They will adopt and implement their own BSPR in accordance with European data protection standards. Service providers will then seek ‘safe processor’ status from the EU data protection authorities, irrespective of their geographic location. BSPR are ideally suited to the dynamic nature of today's data flows and cloud computing services.

This development is part of the Bermuda's commitment to international business and the use of Bermuda as a safe, well regulated jurisdiction for the handling of data.

Eduardo Ustaran, head of Field Fisher Waterhouse's Privacy and Information Law Group said: "BSPR are the way forward for responsible service providers. They reduce the amount of contractual work whilst enabling their clients to comply with a very difficult aspect of data protection law".

For further press information, please contact:
Louise Eckersley, PR Manager, on +44 (0)20 7861 4120.