Us-Eu Privacy Shield Agreement

Last July, a decision of the European Court of Justice (ECJ) repealed the European Union-US Data Protection Shield (EU-US Data Protection Shield), a mechanism by which companies can transfer personal data or data to the United States in accordance with the European Union`s General Data Protection Regulations (GDPR). The ECJ overturned an earlier European Commission decision that the framework managed by the US Department of Commerce and imposed by the Federal Trade Commission (FTC) adequately protects the personal data of European persons in accordance with the RGPD. The court justified its decision by the fact that foreign surveillance by the US government is not limited to strictly necessary surveillance and that neither US national security legislation nor the privacy shield provides enforceable data protection rights and effective remedies for European individuals. In this context, the ECJ stressed the obligation for the data exporter and data importer to verify the level of protection in the third country before any transmission with the SSC and, if necessary, to define all complementary measures before proceeding with this transfer. In addition, it is of particular obligation for the data importer to inform the data exporter of any inability to comply with the SSCs, which, on the other hand, triggers the obligation for the data exporter to suspend the transfer in question and/or to denounce the agreement with the data importer. Transmission may also be suspended, either temporarily or permanently, to the intervention of data protection authorities. These 7 principles of the data protection shield should be read in conjunction with the 16 equally binding “complementary principles” based on the seven principles. For more information on the EU-US data protection shield framework, see www.privacyshield.gov/EU-US-Framework. In order to ensure the transatlantic flow of data between the EU and the Us following this cancellation, the European Commission and the US government reached a new political agreement on the subject, after which the decision on the data protection shield was adopted in July 2016. On January 25, 2017, U.S. President Donald Trump signed an executive order entitled “Enhancing Public Safety” which states that U.S. privacy is not extended beyond U.S.

citizens or residents: the EU-US Data Protection Framework Agreement concluded in December 2016 introduced high data protection safeguards for transatlantic cooperation in legal proceedings. It contains a comprehensive set of data protection rules, which applies to all transatlantic exchanges between enforcement agencies. It will also strengthen law enforcement cooperation by facilitating the exchange of information. This will achieve the dual objective of cooperating with our US partners to combat serious crime and terrorism, while promoting the level of protection of Europeans, in accordance with their fundamental rights and EU data protection legislation. The data protection shield has been the subject of a legal challenge by data protection groups. [18] [19] At first, it was not clear whether the cases would be deemed admissible. [20] [21] However, until February 2017, the future of the data protection shield was in dispute. One consultant, Matt Allison, predicted that “the EU model, regulated by citizens, will quickly come into conflict with market forces in the US and the United Kingdom.” [22] Allison has summarized a new document in which the European Commission sets out its plans for adequacy decision and overall strategy. [23] By removing the data protection shield adequacy provision, companies that transfer personal data from the European Economic Area (EEA) to the United States – or transmit personal data within the United States