SUMMARY: Safe Harbor decision to be replaced by EU-US Privacy Shield?
As an update to our article on the Safe Harbor, the European Commission and the US have now reached political agreement on the “EU-US Privacy Shield”.
As part of this framework, the US has ruled out indiscriminate mass surveillance (see question 1).
At the moment, details of the arrangement still need to be finalised and it is envisaged that this will occur over the coming weeks.
In the meantime, the alternatives to the Safe Harbor set out in our article (see question 3) still continue to apply. The Article 29 Working Party intends, however, to consider whether Standard Contractual Clauses and Binding Corporate Rules should be permitted for data transfers to the US, at around the end of March or early April.
Further updates will follow as to the details of the EU-US Privacy Shield and alternatives as matters develop.
For more details about the issues in this article or if you would like a data protection policy, which we advise all organisations to have, please contact:
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This update is for general guidance only and does not constitute definitive advice