Privacy Shield Adopted, But Uncertainty Remains

Yesterday, the European Commission adopted the EU-US Privacy Shield, a framework designed to replace the invalidated Safe Harbor program. In theory, the Privacy Shield offers its adherents a relatively simple, straightforward way to legally transfer personal data from the EU to the US. In reality, however, the Privacy Shield is likely to face legal challenges that may hinder its ability to serve as a reliable means of legal transfer, at least for the immediate future.

As we've covered previously, details of the Privacy Shield first emerged back in February, when the European Commission announced that EU and US officials had reached an agreement on a successor to the Safe Harbor scheme. It was no surprise that in the wake of the Schrems decision – which essentially ended the Safe Harbor program based on concerns about US government surveillance of individuals' personal data – the Privacy Shield would require US companies to meet "stronger obligations" to protect