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Practical Approaches to the EU-US Privacy Shield

By Dan Panitz and H. Bruce Gordon

On July 12, 2016, following the Maximillian Schrems v Data Protection Commissioner decision, ECLI:EU:C:2015:650, CJEU 6 Oct. 2015, Case C-362/14, the EU Commission adopted the EU-US Privacy Shield Framework as replacement for the Safe Harbor Program providing: “Member States shall provide that the transfer to a third country of personal data (by an entity) … may take place only if … the third country in question ensures an adequate level of data protection.” See, http://bit.ly/2hkcrrV.

Privacy Shield framework prohibits personal data (defined as: “any data that could potentially identify a specific individual”) transfers outside the European Economic Area (EEA) unless a European Commission (EC) adequacy decision or an exception applies. An “adequacy decision” is a decision adopted by the EC which establishes that a third country ensures an adequate level of protection of personal data by reason of its domestic law or the international commitments to which it has entered.

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