On 12 July 2016 the European Commission (EC) adopted the "EU-US Privacy Shield" which sets out a new legal framework for carrying out personal data transfers from the European Union (EU) to the United States of America (USA).
This mechanism is based on Directive 95/46/EChttps://www.anacom.pt/render.jsp?contentId=986022 issued by the European Parliament and Council. It sets out to protect the rights of European individuals and corporate bodies, including companies, whose personal data are transferred to the USA and to afford legal safety to companies that carry out transatlantic data transfers
The "EU-US Privacy Shield" is based on the following principles:
- Strict obligations in terms of data processing by companies.
- Assurance of transparency and clear safeguards with regard to access by the US Government.
- Effective protection of individual rights.
- Annual joint review mechanism.
The new legal framework adopted by the EC reflects the requirements laid down by the Court of Justice in its ruling issued on 6 October 2015 which declared the former "Safe Harbor" mechanism to be invalid.
Consult:
- Commission Implementing Decision (EU) 2016/1250 of 12.07.2016 https://www.anacom.pt/render.jsp?contentId=1392708
Further information:
- European Commission launches EU-U.S. Privacy Shield: stronger protection for transatlantic data flows http://europa.eu/rapid/press-release_IP-16-2461_en.htm
