Report on the second annual review of the functioning of the EU-U.S. Privacy Shield

Summary:

On 19 December 2018 the European Commission presented its second annual report on the functioning of the EU-US Privacy Shield.

Further information:

The EU-US Privacy Shield Decision, adopted in July 2016, protects the fundamental rights of anyone in the EU whose personal data is transferred to certified companies in the United States for commercial purposes and brings legal clarity for businesses relying on transatlantic data transfers. The Decision provides for an annual evaluation of all aspects of the functioning of the framework by the Commission. The first annual review took place in September 2017.

On the basis of its findings from the first review, the Commission concluded that the US continues to ensure an adequate level of protection for personal data transferred under the Privacy Shield from the EU to participating companies in the US. At the same time, the Commission considered that the practical implementation of the Privacy Shield framework could be further improved in order to ensure that the guarantees and safeguards provided therein continued to function as intended.

In particular, the Commission expects the US authorities to nominate a permanent Ombudsperson by 28 February 2019 to replace the one that is currently acting.  The Ombudsperson is an important mechanism that ensures complaints concerning access to personal data by US authorities are addressed.

The present report concludes the second annual review of the functioning of the Privacy Shield. This report, and the accompanying Staff Working Document, cover all aspects of the functioning of the Privacy Shield, also in light of developments that took place during the last year. A central element of the Commission's assessment was the implementation of its recommendations from the first annual review.

Official

EUR-Lex: SWD(2018)497: Commission Staff Working Document accompanying COM(2018)860 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:497:FIN

European Commission: Press Release, 19/12/2018: EU-U.S. Privacy Shield: Second review shows improvements but a permanent Ombudsperson should be nominated by 28 February 2019 http://europa.eu/rapid/press-release_IP-18-6818_en.htm

European Commission: Fact Sheet, 12/06/2016: EU-U.S. Privacy Shield: Frequently Asked Questions http://europa.eu/rapid/press-release_MEMO-16-2462_en.htm

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