Obama Signs Judicial Redress Act (JRA) – Another Step On The Way To Securing EU-U.S. Data Flows

Author:Ms Cynthia O'Donoghue, Daniel Kadar, Kate Brimsted, Thomas Fischl, Philip Thomas, Katalina Bateman, Doretta Frangaki, Caroline Gouraud, Chantelle A. Taylor, Tom C. Evans and Dr. Alexander Hardinghaus, LL.M.
Profession:Reed Smith

President Obama signed the U.S. Judicial Redress Act (JRA) into law on 24 February 2016, giving European citizens the same right as U.S. citizens to bring actions against the U.S. government if their personal data are misused.

While the JRA is not a formal prerequisite to finalizing the EU-U.S. Privacy Shield transatlantic data-sharing framework, it's considered to be a key step in this direction - which means it's highly relevant for businesses with transatlantic data-sharing needs, such as many pharmaceutical and medical device companies.

The JRA signing is the final step needed for the conclusion of the "Umbrella Agreement" on EU-U.S. law enforcement data-sharing, which will govern all personal data exchanged between the EU and the United States for the purpose of prevention, detection, investigation and prosecution of criminal offences, including terrorism. The agreement will also provide safeguards and guarantees of lawfulness for data transfers, strengthening fundamental rights and helping to restore trust.

The Umbrella Agreement itself does not provide a legal basis for data transfers to the United States. However...

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