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ARTICLE · 16 SEPTEMBER 2016

US Once Again A "Safe Harbor" For European Data With Launch Of EU-US Privacy Shield

As reported by this firm, the European Court of Justice struck down the European Commission's Safe Harbor Decision ("Safe Harbor") in October 2015.

United StatesPrivacy

As reported by this firm, the European Court of Justice struck down the European Commission's Safe Harbor Decision ("Safe Harbor") in October 2015.1 Until its invalidation, Safe Harbor formed the framework that facilitated transfers of personal data from EU citizens to US companies for over 15 years. Fortunately for US companies faced with the daunting task of complying with the EU's stringent data-protection laws, a new framework has been approved, the EU-US Privacy Shield ("Privacy Shield"). The US Department of Commerce began accepting applications for self-certification under Privacy Shield on August 1, 2016.2

Privacy Shield differs from its predecessor by imposing both stronger compliance obligations on US companies and stricter monitoring and enforcement requirements on the US government.3 US companies that do business in the EU or with its citizens, including companies with a website accessible by EU citizens, should strongly consider self-certification, but

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