May 10, 2016

The EU-US data protection Umbrella Agreement will put in place a comprehensive high-level data protection framework for EU-US law enforcement cooperation.  The Agreement covers all personal data exchanged between the EU and the US for the purpose of prevention, detection, investigation and prosecution of criminal offences, including terrorism.  It will provide safeguards and guarantees of lawfulness for data transfers and provide EU citizens the same judicial redress rights as US citizens in case of privacy breaches.

In September 2015, the Commission and the US finalised negotiations.  The signature of the Judicial Redress Act by President Obama in February, granting judicial redress rights to EU citizens, opened the way for its signature.

The Commission has now proposed to the Council the signature and conclusion of the Umbrella Agreement.  The Council will now adopt a decision authorising the signing of the Agreement.  Once the Agreement is signed, the decision concluding the Agreement will be adopted by the Council after obtaining the consent of the European Parliament.

Commissioner Jourová said: “The Umbrella agreement will provide high data protection standard when justice and police authorities exchange personal data, such as criminal records, names or addresses across the Atlantic to fight crime and terrorism.  The Judicial Redress Act ensures that all EU citizens have the right to enforce data protection rights in U.S. courts, as U.S. citizens already enjoy this right in Europe.  This is a historic achievement to rebuild trust in transatlantic data flows and to strengthen the fundamental right to privacy”.  To read the Commission’s press release in full, click here.