The European Data protection Board ("EDPB"), which is
composed of representatives of the national data protection
authorities, and the European Data Protection Supervisor, adopted
its report on the second annual review of the EU-U.S. Privacy
Shield on January 22, 2019. This article provides an overview of
the main progress and concerns registered by the EDPB both on the
commercial aspects of the Privacy Shield and access by U.S. public
authorities to personal data transferred from the EU to the
U.S.
Background
In July 2016, the so-called "Privacy Shield"
decision by the European Commission ("EC") replaced the
EC's 2000 "Safe Harbor" decision, which had been
struck down by the Court of Justice of the EU because of concerns
relating to national security agencies' processing operations
following Edward Snowden's allegations. The EU and the U.S.
committed to jointly review the Privacy Shield to assess, on an
annual basis, its continued adequacy for the protection of
