Yesterday, 2nd February 2016, the European Commission and the United States have agreed on a political arrangement regarding a new framework for transatlantic data flows:
the EU-US Privacy Shield. This arrangement reflects the requirements set out by the European Court of Justice in its ruling on 6 October 2015, which declared the old Safe Harbour framework invalid.
This new framework will protect the fundamental rights of Europeans where their data is transferred to the United States and ensure legal certainty for businesses. The new text will be available within the following weeks.
The new arrangement will provide stronger obligations on companies in the U.S. to protect the personal data of Europeans and stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission (FTC), including through increased cooperation with European Data Protection Authorities.
The new arrangement will include, among others, the following commitments:
- Strong obligations on companies handling Europeans’ personal data and robust enforcement measures, including sanctions.
- Clear safeguards and transparency obligations on U.S. government access.
- Effective protection of EU citizens’ rights with access to U.S. courts.
- Europeans will have the possibility to raise any enquiry or complaint in this context with a dedicated new Ombudsperson.
You may get access to the full press release by clicking here.
From the Technology, Media and Telecommunications group at Santiago Mediano Abogados, we provide services to whom operate within such industry sectors or to whom may request specialized support regarding privacy and data protection, commercial and technology agreements, intellectual property, e-commerce, online marketing and advertising, 2.0 Web Services, consumers, e-signature and telecommunications, among others.
We remain at your best disposal, should you have any particular need with this regard.