Text Of The EU-US Privacy Shield Published

Author:CSB Group
Profession:CSB Group

On 29th February the European Commission unveiled the legal texts of the recently adopted EU-US Privacy Shield that will provide the new legal ground for transatlantic data transfers. The content of the text together with a communication on the accompanying adequacy decision are available from the Commission web site.

The next text will put in place a safe legal framework for data transfers by laying down:

Strong obligations on companies and robust enforcement Clear safeguards and transparency obligations on U.S. government access:. U.S. Secretary of State John Kerry committed to establishing a redress possibility in the area of national intelligence for Europeans through an Ombudsperson mechanism within the Department of State, who will be independent from national security services. The Ombudsperson will follow-up complaints and enquiries by individuals and inform them whether the relevant laws have been complied with. These written commitments will be published in the U.S. federal register Effective protection of EU citizens' rights with several redress possibilities: Complaints have to be resolved by companies within 45 days. A free of charge Alternative Dispute Resolution solution will be available. EU citizens can also go to their national Data Protection Authorities, who will work with the Federal Trade Commission to ensure that unresolved complaints by EU citizens are investigated and resolved. If a case is not resolved by any of the other means, as a last resort there will be an arbitration mechanism ensuring an enforceable remedy. Moreover, companies can commit to comply with advice from European DPAs. This is obligatory for...

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