Privacy Shield Draft Text Published

February 29, 2016

The EU Commission has issued the legal texts that will put in place the EU-US Privacy Shield and a Communication summarising the actions taken over the last years to restore trust in transatlantic data flows since the 2013 surveillance revelations (various draft documents can be accessed here).  It has also made public a draft “adequacy decision” of the Commission

The published texts include the Privacy Shield Principles companies have to abide by and the written commitments by the US Government (to be published in the US Federal Register) on the enforcement of the arrangement, including assurance on the safeguards and limitations concerning access to data by public authorities.

Vice-President Ansip said: “Now we start turning the EU-U.S. Privacy Shield into reality. Both sides of the Atlantic work to ensure that the personal data of citizens will be fully protected and that we are fit for the opportunities of the digital age. Businesses are the ones that will implement the framework; we are now in contact on a daily basis to ensure the preparation is done in the best possible way. We will continue our efforts, within the EU and on the global stage, to strengthen confidence in the online world. Trust is a must, it is what will drive our digital future.”

Commissioner Jourová said: “Protecting personal data is my priority both inside the EU and internationally. The EU-U.S. Privacy Shield is a strong new framework, based on robust enforcement and monitoring, easier redress for individuals and, for the first time, written assurance from our U.S. partners on the limitations and safeguards regarding access to data by public authorities on national security grounds. Also, now that President Obama has signed the Judicial Redress Act granting EU citizens the right to enforce data protection rights in U.S. courts, we will shortly propose the signature of the EU-U.S. Umbrella Agreement ensuring safeguards for the transfer of data for law enforcement purposes. These strong safeguards enable Europe and America to restore trust in transatlantic data flows“.