On February 29, 2016, the European Commission issued a draft “adequacy decision” introducing the EU-U.S. Privacy Shield (“Privacy Shield”). The Privacy Shield replaces the U.S.-EU Safe Harbor Framework (“Safe Harbor”) as the new data transfer agreement legitimizing transfer of EU personal data to the U.S. by certifying participants. As described and linked to in the Commission’s press release, several U.S. government agencies have provided written commitments to enforce the Privacy Shield. These commitments will be published in the U.S. Federal Register.
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U.S. Department of Commerce Issues Fact Sheet on the EU-U.S. Privacy Shield Agreement
By Carolyn Krol
On February 2, 2016, following the announcement of the EU-U.S. Privacy Shield Agreement, the U.S. Department of Commerce distributed a fact sheet about the new data-transfer agreement with the European Union. The fact sheet provides further detail on the elements of the agreement described in the EU Commission's press release.
Read MoreNew EU-U.S. Safe Harbor Deal Announced
By Carolyn Krol
On February 2, 2016, representatives of the European Commission and the United States agreed on a new framework for transatlantic data flows, referred to as the “EU-U.S. Privacy Shield.” This long awaited announcement follows the October 6, 2015, decision by the EU Court of Justice invalidating the EU-U.S. Safe Harbor agreement.
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