Safe harbor data gets new “privacy shield”

The European Commission and U.S. Department of Commerce announced an agreement on Tuesday of a safe harbor replacement deal, rebranded as the EU-U.S. Privacy Shield.

The specifics of the deal were not initially released, however, the privacy shield reportedly addresses requirements set out by the European Court of Justice in its October ruling that declared the previous framework invalid.

The deal emphasizes three elements going forward – strengthening obligations on companies handling Europeans’ personal data and enforcement, clearing safeguards and transparency obligations on U.S. government access, and effectively protecting EU citizens’ rights with several redress possibilities.

In accordance with the European Commission, the U.S. has given the EU binding assurances that the access of public authorities for national security purposes will be subject to clear limitations, safeguards and oversight mechanisms that will be enforced by the Department of Commerce and the Federal Trade Commission.

Going forward, the Article 29 Working Party, the authority that oversees European data, will share its recommendations on the transfer of digital information out of the European Union. An “adequacy decision” will be drafted after consulting the party and a committee representing the member states of the EU.