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The Raising of a Privacy Shield

By Alisa L. Chestler and Tracy E. Weir
February 29, 2016

On Feb. 2, 2016, the U.S. Department of Commerce and European Commission unveiled a new framework for personal data transfers from European Union (EU) Member States to the U.S. The new framework ' dubbed the EU-U.S. Privacy Shield ' will replace the EU-U.S. Safe Harbor program, which was invalidated by the European Court of Justice (ECJ) in 2015. The Commission and Department of Commerce have agreed to terms in principle, but the particulars of the new framework remain under development by officials on both sides of the Atlantic and will require formal approval by the European Commission.

To be sure, the raising of the Privacy Shield will be no small feat, but it does hold the promise of providing legal certainty for companies engaged in transatlantic data transfers.

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