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Hogan Lovells Comments on Privacy Shield Promise to Protect Transatlantic Data

01 March 2016

Hogan Lovells' European Head of Privacy and Cybersecurity, Eduardo Ustaran, commented on the  European Commission's decision on the adequacy of the new EU-U.S. Privacy Shield programme, and information on how it would work:

"It is not surprising that in the light of the arduous negotiations on this framework and the outcome of the Safe Harbor decision by the CJEU, the parties have made a substantial effort to address every possible weakness of the previous program.

"Ultimately, the Privacy Shield represents the commitment of the EU and the U.S. Government to securing the vital transatlantic data flows which are such an integral part of the information economy. The ability of companies on both sides of the Atlantic to benefit from these efforts now depends on the response of EU regulators and courts to the Privacy Shield."

After more than two years of negotiations with the U.S. Department of Commerce, the European Commission released its draft Decision on the adequacy of the new EU–U.S. Privacy Shield program, accompanied by new information on how the Program will work. The Privacy Shield documentation is significantly more detailed than that associated with its predecessor, the EU-U.S. Safe Harbor, as it describes more specifically the measures that organizations wishing to use the Privacy Shield must implement. Importantly, the Privacy Shield provides for additional transparency and processes associated with U.S. government access to the personal data of EU individuals.

The Privacy Shield is still not yet in effect. The details are under review now by the EU’s Article 29 Working Party, which will render a non-binding opinion within the next few months. Taking that opinion into account, the full European Commission will then formally vote on the adequacy of the Privacy Shield program, at which point it will take effect.

A full summary of and further comment on the Privacy Shield programme can be found here, and on Twitter: @EUstaran

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