Communication: Transatlantic data flows: restoring trust through strong safeguards

A solid transatlantic partnership between the European Union and the United States is as vital today as it has ever been. We share common values, pursue shared political and economic objectives, and cooperate closely in the fight against common threats to our security. The enduring strength of our relationship is evidenced by the extent of our commercial exchanges and our close cooperation in global affairs. The transfer and exchange of personal data is an essential component underpinning the close links between the European Union (EU) and the United States (U.S.) in the commercial area as well as in the law enforcement sector. These data exchanges require a high level of data protection and corresponding safeguards.

In June 2013, reports concerning large-scale intelligence collection programmes in the U.S. raised serious concerns at both EU and Member State level about the impact on the fundamental rights of Europeans of large-scale processing of personal data by both public authorities and private companies in the United States. In response, on 27 November 2013 the Commission issued a Communication on Rebuilding Trust in EU-U.S. Data Flows setting out an action plan to restore trust in data transfers for the benefit of the digital economy, the protection of European individuals' rights, and the broader transatlantic relationship.

The invalidation of the Safe Harbour Decision by the Court of Justice in the Schrems ruling on 6 October 2015 confirmed the need for a renewed framework and provided further guidance on the conditions that the framework should fulfil. Following the ruling, on 6 November 2015 the Commission issued guidance for companies setting out the alternative tools that allow the continued transfer of personal data to the United States. On 2 February 2016, a political agreement was reached on a new framework for transatlantic data flows, the EU-U.S. Privacy Shield, to replace the previous arrangement.

These achievements will benefit the transatlantic relationship and should restore Europeans' trust in the digital economy while strengthening their fundamental rights. They will also equip the EU and its Member States with a stronger data protection legal framework that will lead to closer integration of the internal market, in particular the Digital Single Market, as well as enable the EU to step up its efforts to promote and develop international privacy and personal data protection standards. The present Communication takes stock of how far we have come in realising the objectives formulated in the 2013 Communication. It will also highlight areas where more work is still required to cement and fully restore trust in transatlantic data flows.

ESO: Background information: Restoring trust in transatlantic data flows through strong safeguards: European Commission presents EU-U.S. Privacy Shield http://www.europeansources.info/record/press-release-restoring-trust-in-transatlantic-data-flows-through-strong-safeguards-european-commission-presents-eu-u-s-privacy-shield/

ESO: Background information: EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield http://www.europeansources.info/record/press-release-eu-commission-and-united-states-agree-on-new-framework-for-transatlantic-data-flows-eu-us-privacy-shield/

ESO: Background information: Communication from the Commission to the European Parliament and the Council. Rebuilding trust in EU-US data flows http://www.europeansources.info/record/communication-from-the-commission-to-the-european-parliament-and-the-council-rebuilding-trust-in-eu-us-data-flows/

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