EU-U.S. Safe Harbor

EU-U.S. Privacy Shield launched by European Commission

EU-US Privacy Shield

After receiving the approval of the EU Member States, through the Article 31 Committee, last Friday, the European Commission has today, July 12th, 2016, formally adopted the Adequacy Decision necessary to implement the EU-U.S. Privacy Shield (the Decision).

The Decision will be notified to Member States today and, as such, will be effective immediately.

The adoption process had stalled in recent months due to ongoing concerns about the access to personal data by public authorities in the U.S.  You can read about some of these concerns in our previous blog post.

The European Commission has received further commitments from the U.S. and has agreed clarifications and improvements on the bulk collection of data, strengthening the Ombudsperson mechanism and more explicit obligations on companies as regards limits on retention and onward transfers.  Those commitments and clarifications have been sufficient to allay the EU member states, at least for now.

The Privacy Shield is subject to an annual review mechanism.

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