EU and U.S. Reach Agreement On Data Transfer

The European Commission and the United States have reached a tentative agreed on a new framework for transatlantic data flows. The so-called EU-US Privacy Shield addresses European concerns that led to rejection of the former “Safe Harbor” framework by the European Court of Justice. “The new arrangement will provide stronger obligations on companies in the U.S. to protect the personal data of Europeans and stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission,” according to statement from the European Commission. The Commission identifies three main elements to the agreement: (1) strong obligations on companies handling Europeans’ personal data and robust enforcement, (2) clear safeguards and transparency obligations on U.S. government access and (3) effective protection of EU citizens’ rights with several redress possibilities. A number of avenues for redress and enforcement are part of the agreement.