European Union and United States reach a deal on transatlantic data flows

Three months after the Court of Justice of the European Union declared, in Case C 362/14, that the Decision of the European Commission recognising the Safe Harbour Privacy Principles was invalid, the European Commission and the US authorities have agreed on a new framework for transatlantic data flows. The agreement, called the “EU-US Privacy Shield”, aims at being a safer Safe Harbour, and will include the following elements, according to an official press release:
 
- Strong obligations on companies handling Europeans' personal data and robust enforcement
- Clear safeguards and transparency obligations on U.S. government access
- Effective protection of EU citizens' rights with several redress possibilities
 
The draft text will be sent to the Article 29 Working Party of European Union, which is composed of representatives of the 28 national data protection authorities as well as EU officials, who will assess it against the decision of the CJEU to decide whether it does meet the requirements set by the Court. Once this has been done, and after consulting a committee composed of representatives of the Member States, the College of Commissioners will then be able to adopt the text.
 
See the official press release here.