EU and US reach agreement on new Safe Harbour

Yesterday it was announced that the EU and the US have reached a political agreement on Safe Harbour, the "EU-US Privacy Shield". The previous Safe Harbour Framework had been annulled by a decision of the Court of Justice of 6 October 2015 (see Eubelius Flash).

Taking into account the criticisms of the Court of Justice, the new agreement, according to the press release, contains the following elements:

  • strict obligations on companies handling Europeans' personal data and robust enforcement;
  • clear safeguards and transparency obligations regarding US government access; and
  • effective protection of EU citizens' rights, with several redress possibilities.

The "EU-US Privacy Shield" is not yet legally binding and will be translated into a draft adequacy decision in the coming months. According to Commissioner Jourová, the new framework should be implemented within the next three months.

Author: Anneleen Van de Meulebroucke