E.U. Data Protection:  A Departure from “Safe Harbor” to Restore Trust in Transatlantic Data Flows through a New “Privacy Shield”

E.U. Data Protection:  A Departure from “Safe Harbor” to Restore Trust in Transatlantic Data Flows through a New “Privacy Shield”


By: James Kitching

Following the decision of the Court of Justice of the European Union (“CJEU”) in Schrems v Data Protection Commissioner and the subsequent statement of the Article 29 Working Party, transfers of personal data from the European Union (“E.U.”) to the United States (“U.S.”) under the Safe Harbor scheme are regarded as potentially unlawful. The European Commission has recently published a draft adequacy decision and detailed provisions for a proposed new data protection framework for the transfer of personal data known as the E.U.-U.S. Privacy Shield (“Privacy Shield”). If formally adopted, the adequacy decision is expected to take effect in June 2016. This memorandum provides an overview of the Privacy Shield, a summary of the obligations and protections it aims to provide, and practical guidance for organizations on the steps that can be taken in preparation for its implementation.

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