Thursday, February 4, 2016

EU-US Data Transfers Won’t Be Blocked While Privacy Shield Details Are Hammered Out, Says WP29

A mote of certainty for US businesses that export EU data for processing and are wondering whether or not they are in compliance with EU law right now, given the legal quagmire of EU-US data protection relations. The Article 29 Working Party, the body made up of representatives of individual European Member States’ data protection authorities (DPAs), has said today that it will not be taking enforcement action against companies that are using alternative transfer mechanisms in the wake of last year’s Safe Harbor strikedown.

The European Court of Justice invalidated Safe Harbor last October, following a legal challenge brought by European privacy campaigner Max Schrems, but the European Commission pointed companies to alternative transfer mechanisms they could use in the interim, such as standard contractual clauses and model contracts.

The WP29 has been assessing these mechanisms for the past few months, and said today that it does have concerns about their legality, in light of US government agencies’ access to European citizens’ data for surveillance purposes. However it is suspending these concerns temporarily while it waits to see details of the new data transfer deal, the EU-US Privacy Shield, announced yesterday by the European Commission. 

by Natasha Lomas
read full article at Tech Crunch

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