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

14.10.2019 NL law
Kamerdebat over digitalisering van de overheid: aandacht voor bescherming burger vereist

Short Reads - Op 24 september 2019 zijn er vier moties in stemming gebracht én aangenomen door de Tweede Kamer. De moties hebben als gemeenschappelijke deler dat ze in het teken staan van de steeds groter wordende digitalisering bij de overheid. Het achterliggende doel van de moties is dat de burger voldoende beschermd moet worden tegen deze digitalisering.

Read more

27.09.2019 NL law
Stibbe is attending the IBA's annual conference in Seoul

Conference - The annual conference of the International Bar Association (IBA) is currently taking place in Seoul. There are fourteen partners from Stibbe attending the event. Several of them have speaking slots on a wide range of legal topics and will take part in various panel discussions.

Read more

28.08.2019 NL law
Masterclass: e-signature and electronic identifiers

Masterclass - Stibbe is organising a Masterclass on 26 September 2019 in Amsterdam on the subject of e-signature and electronic identifiers. This Masterclass will cover the legal framework and focus especially on the numerous possibilities for applying the various electronic signatures in different situations. In addition, we explain the regulations governing electronic identifiers, and the mandatory European recognition they receive.

Read more

02.10.2019 EU law
Seminar: Data protection implications of (a no-deal) Brexit

Seminar - On October 25th at 9.30 am, we organize a seminar where we will discus the implications of a (no-deal) Brexit on data protection.  These issues affect all businesses interacting between UK and EEA (including EU) and which send or receive data to and from UK. We will highlight the main challenges both in the case of a hard Brexit on 31 October 2019 and in other scenarios. We will also offer guidelines to help your organisation mitigate the respective risks.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring