It was announced on Feb 2, 2016 that the European Commission and the United States have agreed on a new framework for transatlantic data flows: the EU-US Privacy Shield.
The European Commission approved on February 2nd a new framework for transatlantic data flow that will replace Safe Harbor. It will be called the EU-US Privacy Shield. This new framework will, according to the Commission, protect the fundamental rights of Europeans where their data is transferred to the United States and ensure legal certainty for businesses.
The new arrangement will include the following elements:
• 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 citizens’ rights with several redress possibilities:
“This is great news for business, especially if you have a cloud-based model.” says Axel Tandberg, senior privacy advisor at LegalWorks. “While we are not there yet, it surely does look promising.”
The Commission will now prepare a draft “adequacy decision” in the coming weeks. In the meantime, the U.S. side will make the necessary preparations to put in place the new framework, monitoring mechanisms and new Ombudsman.
Read the full announcement here