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When there is no Safe Harbor, you need the new improved Privacy Shield!

In October 2015, the Safe Harbor principles permitting EU-US personal data transfers were invalidated by the Court of Justice of the EU’s decision in the Schemes case.  Since then, there has been no direct replacement for Safe Harbor and UK businesses have had to reconsider their data sharing arrangements with US-based companies.

However, on 12 July 2016, the European Commission adopted an adequacy decision approving a new Privacy Shield framework for EU-US personal data transfers.  In principle, this Privacy Shield will now permit cross-border data transfers to take place from 1 August 2016, to US companies which self-certify under the framework, which itself is an enhanced version of their old obligations under the Safe Harbor principles.

You need to continue to watch this space, as it is likely that there will be further negotiations between the EU and US, and changes to this new Privacy Shield, to take account of the new General Data Protection Regulation, which will apply from 25 May 2018.

For further information, please contact Ross Hood.

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