ARTICLE · 26 JULY 2016

Data Protection: EU-US Privacy Shield Adopted

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As with Safe Harbor, only companies that are subject to the jurisdiction of the US Federal Trade Commission or the US Department of Transportation are eligible to participate in Privacy Shield.

European UnionPrivacy

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Shane Martin

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Following the invalidation of the 'Safe Harbor' programme by the Court of Justice of the European Union ("ECJ") in October 2015 and after months of negotiations between the EU and US, the European Commission formally adopted 'Privacy Shield' on 12 July 2016. Privacy Shield is designed to replace the Safe Harbor programme and to facilitate the continued flow of personal data as between the EU and the US. However, transatlantic data flows face further legal scrutiny in the context of the current Irish High Court case of 'Schrems II'.

Key features of Privacy Shield

Self-certification

US companies will be able to self-certify their compliance with Privacy Shield from August 1st 2016 once certain pre-conditions have been met, including:

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Data Protection: EU-US Privacy Shield Adopted

Key features of Privacy Shield

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