The Privacy Shield in the final stretch – mag-securs.com

Safe Harbor invalidated, it is time that a new framework for data transfer system between Europe and the United States is in place. EU member states just recently adopted the draft decision Privacy Shield, the final stage before its implementation by the European Commission.

The replacement of the Safe Harbor will soon be effective . Presented on 29 February, Privacy Shield draft decision just adopted by the representatives of Member States, paving the way for implementation by the Commission in the coming weeks. “ Today, Member States expressed their strong support to the shield of protection for EU-US data, the security framework for renewed transatlantic data flows, paving the way for the formal adoption of legal texts and commissioning of this device “the Commission said in a statement.

In late April, the European regulators Group 29 not approved unreservedly the Privacy Shield . In late May, it was the turn of Parliament to give the green light. Recall that this new device has the purpose of replacing the Safe Harbor invalidated last year by the ECJ. In the absence of a legal framework, the activities of more than 4,000 companies could be impacted, which was not the case with rare exceptions.

Privacy Shield will all of first more transparent than its predecessor, especially as regards the control mechanisms which will be subject companies transferring of EU personal data to the United States. The sanctions against offenders should also be heavier.

The Shield criticized

But it’s not just businesses that are affected. The US government has given a written assurance to the EU that “ any government access to national security purposes will be subject to limitations, guarantees and control mechanisms, preventing widespread access personal data . ”

John Kerry himself has mentioned the creation of a mediation within the State Department, independent of any intelligence agency in charge of complaints and inquiries from individuals. This is generally an improvement for appeals of European citizens against the companies and the US administration that is intended.

Finally, and this is probably the most symbolic layout, Privacy Shield shall be reviewed annually. This joint review mechanism will bring together the European Commission and the US Department of Commerce, but also American and European CNIL. These, remember, have expressed many reservations about the draft decision, pointing his “lack of clarity” and “complexity” depriving European citizens of effective remedies.