The Privacy Shield – definitive entry into force

On 12 July 2016, the European Commission adopted the Privacy Shield, the new agreement for the transfer or personal data from the European Union to the US. The final text can be found here. On the same day the Privacy Shield was communicated to the Member States and entered into force. Companies will be able to join this new system with effect from 1 August 2016.

Some time ago Max Schrems, an Austrian law student, filed a complaint against Facebook, as a result of which the European Court of Justice put an end to the precursor to the Privacy Shield, the Safe Harbour Treaty, on 6 October 2015.

According to some, the Privacy Shield does not satisfy the level of data protection required under European legislation either. The expectation is, therefore, that the Privacy Shield will be submitted to the European Court for judicial review.

For companies that want to base the transfer of personal data of EU citizens to the US on this new system, it is therefore important to keep a close eye on developments relating to the Privacy Shield.

More information about the contents of the Privacy Shield and the changes compared to Safe Harbour.


Would you like to know the best method your business can use for the transfer of personal data to the US or other countries? Please contact:

Huub de Jong or Tom de Wit