July 12, 2016

Vice-President Ansip and Commissioner Jourová have published a joint statement announcing the adoption by Member States of the EU-US Privacy Shield, the renewed safe framework for transatlantic data flows.

The Commission presented a draft decision on the Privacy Shield on 29 February 2016.  In accordance with the Data Protection Directive (95/46/EC), the Article 29 Data Protection Working Party issued an Opinion on 13 April 2016.  The European Parliament then adopted a Resolution on 26 May 2016.  Member States representatives (The Article 31 Committee) have now approved the final version of the Privacy Shield text, paving the way for the adoption of the decision by the Commission.

According to Vice-President Ansip and Commissioner Jourová, the Privacy Shield will “ensure a high level of protection for individuals and legal certainty for business”.  It is fundamentally different from the old Safe Harbour, they say, as it imposes “clear and strong obligations” on companies handling data and “makes sure that these rules are followed and enforced in practice”.  For the first time, the US has given the EU written assurance that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms, and has ruled out indiscriminate mass surveillance of European citizens’ data.

The Privacy Shield also “protects fundamental rights and provides for several accessible and affordable redress mechanisms”.  Finally, “Both consumers and companies can have full confidence in the new arrangement, which reflects the requirements of the European Court of Justice.  Today’s vote by the Member States is a strong sign of confidence”, they conclude.  To read the statement in full, click here.