A new agreement between the EU and the US: Privacy Shield

On 2 February 2016, an agreement between the EU and the US was approved on the new legal framework for transfer of personal data across the Atlantic. This agreement responds to a previous, failed project called Safe Harbour, which allowed a simplified regime for transfer of personal data from the EU to the US and which was, due to lack of privacy on the US side, cancelled by the judgement of the European Court of Justice of 6 October 2015.Many companies (especially technology businesses) that, as part of their operation, daily transfer personal data to be processed in the US were subsequently, for a transitional period, forced to accept a stricter transfer regime. The Privacy Shield will now re-enable a simplified transfer regime, including the fact that the US will ensure that much more rigorous control mechanisms are introduced (annual certification of processors, publication of a privacy policy on a website, etc.) and that EU citizens will have the right to submit their complaints to processors in the US. The agreement should be implemented in the coming weeks.