Tag Archives: privacy shield

ILN Today Post

From #SAFEHARBOR to #PRIVACYSHIELD through the Judicial Redress Act

No matter what anybody says, the “privacy shield” is just “smoke in the eyes”. There are not fundamentals to protect personal data in the way the European Court of Justice asked in October 2015 Judgment versus Facebook (C-362/14, 6 October 2015).

Many people thought of the Judicial Redress Act (hereinafter JRA) as a rule extending to US citizens’ prerogatives to “allied countries citizens”.

Maybe the first version of the JRA, the one passed behind the House of Representatives in October 2015, was drafted in this perspective.

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ILN Today Post

Agreement on EU-U.S. Privacy Shield to Replace Safe Harbor Faces Hurdles

Negotiators from the European Commission and the United States have announced an agreement to replace the U.S.-EU Safe Harbor Framework for certain cross-border data transfers which was struck down last October by the European Union’s Court of Justice. However, complete details of the agreement have not yet been made available, and significant hurdles remain before it can take effect.

Background
The European Commission’s Data Protection Directive requires that countries to which the personal data of EU residents are transferred maintain adequate standards for data protection (to see a previous D&G Alert on data protection, click here). Over 15 years ago, the Safe Harbor program was put in place to enable the transfer of personal data from EU residents to companies in the United States in a manner that, it was expected, was in compliance with the EU standards.

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