Eu and U . s . States Agree in Principle on New Safe Harbor Framework
On Monday, October 26, Eu Justice Commissioner Věra Jourová delivered an address prior to the European Parliament by which she noted the Eu and also the U . s . States had agreed “in principle” on the new framework to control transatlantic data transfers. The facts is going to be fleshed out during “intensive technical discussions” within the coming days, and perhaps finalized when Commissioner Jourová travels to Washington, D.C. in mid-November for direct talks with Commerce Secretary Cent Pritzker.
While individuals details continue to be seen, Commissioner Jourová underscored the requirement for “effective recognition and supervision mechanisms” by U.S. government bodies and noted the U . s . States has dedicated to more powerful oversight from the Safe Harbor program to “transform the machine from the purely self-controlling someone to an oversight system that’s more responsive in addition to pro-active and back[erectile dysfunction]-up by significant enforcement including sanctions.”
Additionally, Commissioner Jourová mentioned the agreement using the U . s . States may likely have an annual joint review mechanism to evaluate “all aspects” from the new framework, including police force and national security exemptions. While noting that U.S. government surveillance was the “biggest challenge” within the Schrems decision, Commissioner Jourová emphasized that progress has been created about this front, such as the passage of america Freedom Act, recent executive orders on intelligence operations, and also the legislative effort to increase judicial protection to EU citizens underneath the Privacy Act of 1974.
Although this is not even close to a completely-fledged “Safe Harbor 2.,” it’s a significant step perfectly into a framework to aid the transatlantic data flows from the greater than 4,000 U.S. firms that trusted the very first Safe Harbor program to provide services to EU citizens.
As the announcement is reason for optimism among U.S. firms that are adherents, before the facts are labored out a lot of companies continuously explore model contracts, binding corporate rules, and extra mechanisms to guarantee the legality of the information systems. Furthermore, large enterprises will more and more scrutinize their vendors and suppliers. The point is, for the long run uncertainty and increased enforcement risk appear inevitable, with data protection ongoing to become an essential problem for EU regulators.