EU-U.S. Data Privacy Shield Adopted – A Phoenix Rising From The Ashes Of Safe Harbour?

The EU-U.S. Privacy Shield has been adopted by the European Commission. On 12 July 2016, following a positive vote from the member states (the Article 31 Committee) on 8 July, the EU College of Commissioners formally adopted the Privacy Shield. The Privacy Shield enters into force immediately in the EU. In the U.S. the Privacy Shield will be published in the Federal Register, becoming effective on 1 August.

The Privacy Shield will be operated by the U.S. Department of Commerce, as was the now invalidated Safe Harbour Framework. In the meantime, the European Commission plans to publish a guide for European citizens explaining the remedies available to them and how such remedies may be sought, and the Article 29 Working Party (WP29), consisting of representatives from each of the member states data protection authorities, is expected to meet on 25 July 2016 to give its view on the Privacy Shield framework.