Trends

Article 29 WP sceptical on the EU/US Privacy Shield

Article 29 WP sceptical on the EU/US Privacy Shield

Article 29 WP sceptical on the EU/US Privacy Shield

14.04.2016 BE law

On 6 October 2015, the CJEU invalidated the U.S. Safe Harbor.

The EU Commission then published a draft adequacy decision on 29 February, putting in place a new legal framework for transatlantic transfers of personal data (the “Privacy Shield”).

Yesterday, the WP29, a body composed of all the EU DPAs, issued its opinion on the Privacy Shield. It welcomes the “significant improvements brought by the Privacy Shield compared to the Safe Harbour decision”. However, it expresses several concerns and urges the Commission to resolve them. The main points of criticism are:

  1. the Privacy Shield package lacks clarity, both in terms of structure and language;
  2. some key EU data protection principles are not reflected, barring a finding of “essential equivalence”; and
  3. within the context of surveillance, there is no clear limitation on massive and indiscriminate collection of personal data originating from the EU.

Although this opinion is not legally binding, it is an important step as regards the ultimate final approval of the Privacy Shield by EU countries. You can find the opinion here.
 

Team

Related news

10.04.2018 EU law
The External DPO: Controller or Processor?

Short Reads - The upcoming General Data Protection Regulation (GDPR) has caused many companies intense compliance headaches due to its comprehensive scope, far-reaching obligations and severe penalties. However, the new rules have also brought about a range of new economic opportunities, in particular through the creation of the roles of  Data Protection Officer (DPO) and EU-representative.

Read more

Our website uses cookies: third party analytics cookies to best adapt our website to your needs & cookies to enable social media functionalities. For more information on the use of cookies, please check our Privacy and Cookie Policy. Please note that you can change your cookie opt-ins at any time via your browser settings.

Privacy – en cookieverklaring