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ARTICLE · 12 APRIL 2016

To Join Or Not To Join: Is The EU-U.S. Privacy Shield Right For You?

While true that a rejection would be a major blow for the European Commission, approval by the Article 29 group is not required to implement the Privacy Shield framework.

GlobalPrivacy

With the Article 29 Working Party's position on the adequacy of the EU-U.S. Privacy Shield framework agreement (Privacy Shield) decision expected this week, U.S. businesses should be evaluating privacy options and preparing to make significant adjustments to internal procedures. In this newsletter, we cover key considerations for businesses weighing whether to join the Privacy Shield, what to expect from last week's leak, and the impact of a possible rejected decision.

Joining the Privacy Shield is completely voluntary, and is a decision that every U.S. organization should not take lightly, especially as there are other methods of transatlantic data transfers, such as the EU Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs). The Privacy Shield introduces a lot of additional obligations and liability for U.S. organizations, including:

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