Short Reads

A new framework for data transfers to the US: the EU-US Privacy Shield

A new framework for data transfers to the US: the EU-US Privacy Shield

A new framework for data transfers to the US: the EU-US Privacy Shield

05.02.2016

After the European Court of Justice (“ECJ”) declared the Safe Harbour Decision invalid in its judgement of 6 October 2016, the European Commission and the United States now have agreed on a new framework for transatlantic data flow: the EU-US Privacy Shield. The new framework aims to protect the fundamental rights of European citizens where their data is transferred to the United States and to ensure legal certainty for businesses.

According to yesterday's press release of the European Commission, the new framework includes:

  • Strong obligations on companies handling Europeans’ personal data and robust enforcement;
  • Clear safeguards and transparency obligations on U.S. government access;
  • Effective protection of EU citizen’s rights with several redress possibilities.

Although an agreement has been reached on the principles, nothing is finalised yet. A draft “adequacy decision” will be prepared in the coming weeks, after which the Article 29 Working Party and a committee composed of representatives of the EU Member States will be consulted before submission of the arrangement for approval of the College of Commissioners of the European Commission and the US. In the meantime, the US will make the necessary preparations to put the new framework in place.

The Article 29 Working Party announced today that it welcomes the EU-US Privacy Shield and that Model Clauses and Binding Corporate Rules remain valid for the time being.

Read more about the new framework in the press release of the European Commission. We will keep you posted.

Team

Related news

07.12.2018 BE law
GDPR-roundtable on practical questions encountered during implementation

Roundtable - After the success of the roundtable sessions we held before the GDPR took effect (in May this year), our TMT team is enthusiastic about the session of 7 December, focusing on the lessons we have learned from working on multiple GDPR-matters in the past year. We will tackle some practical questions that we have encountered and that are not or cannot be readily answered by the new regulation.

Read more

07.12.2018 BE law
Virtual Currency Regulation Law Review

Articles - The first edition of the Virtual Currency Regulation Law Review is intended to provide a practical, business-focused analysis of recent legal and regulatory changes and developments, and of their effects, and to look forward at expected trends in the area of virtual currencies on a country-by-country basis.

Read more

20.11.2018 NL law
Seminar 'Personal data from a broader perspective: overlap inside and outside the privacy domain'

Seminar - On 20 November 2018, Stibbe will host a seminar on privacy. Several Stibbe lawyers will discuss personal data from a broader perspective and the overlap that can occur inside and outside the legal privacy domain.

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