Tag

Schrems

Browsing

As of August 1, 2016, U.S. companies can now self-certify compliance to the EU-U.S. Privacy Shield (“Privacy Shield”) to the U.S. Department of Commerce (see https://www.privacyshield.gov/welcome). Privacy Shield is a new legal mechanism that provides “adequate protection” within the meaning of EU data protection laws for transatlantic data flows to the United States. Privacy Shield replaces the U.S.-EU Safe Harbor Arrangement (“Safe Harbor”) as a key mechanism for EU to U.S. data transfers, as the…

Fact is that it is not per se illegal to transfer data from the EEA to the U.S. What has changed is that the blanket permission for transatlantic data transfers from the EEA to Safe Harbor certified U.S. companies has fallen away. Nonetheless, alternative transfer mechanisms, in particular Binding Corporate Rules and Standard Contractual clauses may be relied upon for lawfully transferring data from the EEA to the U.S. Further, derogations such as consent and performance of…