February 10, 2016
The US Department of Commerce and European Commission issued press releases this week (Tuesday, Feb 2, 2016) that outline some key changes to the EU-US Safe Harbor; now dubbed the “Privacy Shield.” This agreement replaces Safe Harbor which was declared invalid October 6, 2015.
Privacy Shield Summary
While the new accord still needs to be reviewed by the Article 29 Working Party and the College of Commissioners, but assuming it remains substantially the same, we can expect the following:
- More stringent obligations on companies handling Europeans’ personal data and more robust enforcement.
- EU individuals will have access to multiple avenues to resolve concerns, including through alternative dispute resolution at no cost to the individual.
- The Privacy Shield includes new contractual privacy protections and oversight for data transferred by participating companies to third parties or processed by those companies’ agents to improve accountability and ensure a continuity of protection.
- Clear safeguards and transparency obligations on U.S. government access. The US has agreed to an annual joint review with the EU, including with respect to national security access to personal data.
The details currently available are included in press releases issued by the European Commission and the US Department of Commerce; a summary and related links to the releases are here:
- EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield: The European Commission and the United States have agreed on a new framework for transatlantic data flows: the EU-US Privacy Shield. Today, the College of Commissioners approved the political agreement reached and has mandated Vice-President Ansip and Commissioner Jourová to prepare.
- EU-U.S. Privacy Shield: US DOC Fact Sheet on Privacy Shield
- Statement From U.S. Secretary of Commerce Penny Pritzker on EU-U.S. Privacy Shield: Including a related video link.
Global-Z expects the Commission and FTC will make the entire agreement publicly available soon. After our review of the fully-published agreement, Global-Z will provide you with another update. Importantly, US companies will need to review the new Privacy Shield program carefully before deciding to commit to it.
We will continue to keep you posted. If you have any questions please feel free to contact us.