Privacy Shield

Talks Intensify On Privacy Shield Replacement

EU and U.S. Data Flow Talks Cranked Up a Notch As I reported back in July 2020 in a blog titled CJEU Invalidates EU-US Privacy Shield Agreement, the EU-U.S. Privacy Shield agreement, which allowed data to be transmitted out of the EU to participating US companies, was ruled invalid by the Court of the European Union (CJEU). On March 25th, 2021, the EU Commissioner for Justice and the U.S. Secretary of Commerce made a joint statement on the state of the negotiations to find a solution that would permit the flow of personal data to recommence.

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UK Adequacy Decision Drafted

Post-Brexit EU-UK Adequacy Decision Has Been Drafted Before you can transmit personal data from a European Union country to a country not within the EU or the European Economic Area—known as a third country—there has to be an adequacy decision made by the European Commission. The third country must have a framework in place that both provides data protection and upholds the rights of the data subjects as well as—or better than—the EU’s General Data Protection Regulation.

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CJEU Invalidates EU-US Privacy Shield Agreement

Privacy Shield No Longer Adequate The Court of Justice of the European Union has invalidated the EU-U.S. Privacy Shield agreement, which allowed data to be transmitted out of the EU to the US, if the receiving company operated under the strictures of the Privacy Shield scheme. If a country is not in the European Union (EU), and not within the European Economic Area (EEA), it is considered to be a third country.

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