EU-US Privacy Shield talks continue

The Article 31 Committee, consisting of EU Member States’ representatives, will meet again on 20 and 29 June in an attempt to agree the draft adequacy decision for EU to US international data transfers under the proposed EU-US Privacy Shield.

The EU Commission is working to include the recommendation of the Data Protection Authorities in the deal. The main questions are the independence of the US-based Ombudsman, data retention and onward transfers to third-party countries. The European Data Protection Supervisor has also made recommendations for improvements.

Once the Article 31 Committee has been consulted, the pact would have to be adopted by the College of Commissioners, but could be challenged any time in the courts, ultimately in the Court of Justice of the European Union.

Under the Privacy Shield, American companies would self-certify annually and agree to respond promptly to complaints. They would also need to cooperate with European Data Protection Authorities if processing HR data.

Come to hear from key players the current position with international transfers. Bruno Gencarelli, Head of Data Protection, Justice, European Commission will speak on 5 July at Great Expectations, PL&B’s 29th Annual International Conference in Cambridge about “The EU-US Privacy Shield and the future of EU adequacy for 3rd countries”.