The President of the United States has adopted the executive order to create the EU-US Data Privacy Framework, but is this the solution to the transfer of personal data out of the EEA?
An agreement "in principle" on a new Privacy Shield regulating data transfers between the EEA and the United States might not change much for businesses.
After the failure of Safe Harbor and Privacy Shield, the EU and US sit again at the negotiation table to negotiate a new agreement aimed at avoiding the blockage of personal data transfers from the EU to the US, establishing new policies for transatlantic data transfers.
The European Court of Justice held in the Schrems II case that the Privacy Shield is invalidated, but the possibility to rely on standard contractual clauses for data transfers needs to be assessed on a case by case basis.
The opinion of the advocate general on the Schrems II case might lead to uncertainties on data transfers when a clear privacy law framework is, on the contrary, necessary for the digital economy.
The potential decision of the European Court of Justice of invalidation of the Standard Contractual Clauses and the Privacy Shield urges companies to be ready for the worst.
Interesting issues arose from the privacy related discussions at the Summer Legal Conference with major thought leaders on the GDPR obligations and their impact on businesses.ย
The approval by the European Commission of the E.U.-U.S. Privacy Shield replacing the Safe Harbor program led to questions on how stable such scheme will be.