Bad news for companies relying on transatlantic data flows as, once again, the transfer of personal data from Europe to the United States is called into question by the Article 29 Working Party (the “Working Party”), an influential committee of the EU privacy regulators. Ever since the EU-U.S. Safe Harbor Framework was declared invalid by the Court of Justice of the European Union in October 2015, companies have had to find alternative ways to legally transfer personal data. On 29 February 2016, the EU Commission proposed the “EU-U.S. Privacy Shield” as a replacement to the Safe Harbor Framework and a potential solution.
The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union (“ECJ”). Heralded as the EU-US Privacy Shield (and colloquially referred to as, “Safe Harbor 2.0”), the framework should provide companies with clearer direction on safe transatlantic data transfer.