2023-07-10 21:54:23
Three years after the end of the “Privacy Shield” agreement, a new data protection agreement between the EU and the USA has come into force. The US now guarantees an adequate level of protection for personal data that would be transmitted from the EU to companies in America, the EU Commission announced on Monday in Brussels. The new regulation introduces binding guarantees to address the concerns previously expressed by the European Court of Justice (ECJ).
The ECJ overturned the “Privacy Shield” for the transmission of data from Europe across the Atlantic in July 2020 on the grounds that the level of data protection in the USA does not correspond to EU standards. Above all, the judges criticized the extensive access possibilities of US secret services to data of Europeans. The ECJ ruling created great legal uncertainty for companies when it came to data transfer between the USA and the EU. The “Privacy Shield” was created in 2016 after the previous “Safe Harbor” regulation had been overturned by the ECJ.
Privacy Organization: Copy of “Privacy Shield” only
In both cases, the Austrian lawyer Max Schrems complained. Its data protection organization Noyb complained on Monday that the new agreement was largely a copy of the failed “Privacy Shield”. “We already have various legal options in the pipeline, although we’re fed up with this legal ping-pong.”
In the future, US secret services may only access the data if it is necessary and proportionate, according to the EU Commission. In addition, a court to review data protection is to be set up. “The new EU-US data protection framework will ensure secure data flows for Europeans and create legal certainty for companies on both sides of the Atlantic,” said EU Commission President Ursula von der Leyen. According to the EU Commission, the new legal framework should be reviewed regularly.
Published/Updated: Recommendations: 6 Johannes Leithäuser, London Published/Updated: , Recommendations: 9 Dennis Cukurov, Julian Urban and Elena Wiese Published/Updated: ,
The US government welcomed the new agreement. The announcement represents “the culmination of years of close cooperation” between the US and the EU, said US President Joe Biden. “The decision reflects our shared commitment to strong privacy and will bring greater economic opportunity to our countries and businesses on both sides of the Atlantic.”
Schrems criticized that the USA would attach a different meaning to the word “proportionate” than the ECJ. In addition, violations of the privacy of non-US citizens do not pose a problem for the USA. In his opinion, the prescribed legal remedies are also not in line with EU law.
“Von der Leyen is finally irrelevant to EU law”
The president of the digital industry association Bitkom, Ralf Wintergerst, praised the fact that a “three-year stalemate is now coming to an end.” This gave companies fundamental legal certainty again and small and medium-sized companies in particular benefited from this because individual assessments were no longer necessary. “But it is also certain that the new regulation that has now been found will be reviewed again by the courts.”
There was sharp criticism from politicians: “Von der Leyen finally doesn’t care about EU law. She knows that the new agreement will fail before the ECJ,” criticized MEP Moritz Körner (FDP). The financial costs would then have to be paid for the third time by European citizens and companies. The social democratic S&D group in the European Parliament criticized on Twitter that the agreement makes personal data susceptible to mass surveillance. That is not a real reform.
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