Goodbye Safe Harbour, hello Privacy Shield

By | Wednesday February 3rd, 2016

Safe Harbor, declared invalid last October by ECJ, will be soon replaced by the EU-US Privacy Shield.

“For the first time ever, the United States has given the EU binding assurances that the access of public authorities for national security purposes will be subject to clear limitations, safeguards and oversight mechanisms” states Commissioner Věra Jourová into press release.

Not so satisfied Joe McNamee, Executive Director of European Digital Rights (EDRI), he states: “The emperor is trying on a new set of clothes. Today’s announcement means that European citizens and businesses on both sides of the Atlantic face an extended period of uncertainty while waiting for this new stop-gap solution to fail.”

The three milestones of the new agreement:

  • Strong obligations on companies handling Europeans’ personal data and robust enforcement
  • Clear safeguards and transparency obligations on U.S. government access
  • Effective protection of EU citizens’ rights with several redress possibilities

The College has today mandated Vice-President Ansip and Commissioner Jourová to prepare a draft “adequacy decision” in the coming weeks, which could then be adopted by the College after obtaining the advice of the Article 29 Working Party and after consulting a committee composed of representatives of the Member States. In the meantime, the U.S. side will make the necessary preparations to put in place the new framework, monitoring mechanisms and new Ombudsman.

EU press release

Category: Legal framework Tags: , , , ,

About Andrea Longhi

Over 25 years of experience in consultancy, full dedicated within Finance, Entertainment, Transportation and Energy & Utilities industries, plus initial 5 years in an industrial automation and supervision firm. Along my professional career the experience in leading consulting firms such as Deloitte, Arthur Andersen and Capgemini has allowed me to acquire a consolidated and strong experience in the field of Security & Compliance services and to develop strong core skills: leadership, management, business development, sales and delivery. Many years of collaboration with Clusit, CSA and Enisa on topics related to enterprise security & compliance. Moderator of roundtables on security and speaker at conferences. Collaborating with the Oracle Community for Security to the planning, preparation and presentation of researches and projects on security and privacy, during the Security Summit. Founder of ConsAL, company specialized on Security and Business Discovery services, I collaborate with leading consulting firms as a business developer and management consultant in the field of ICT/ICS Security, Fraud, Compliance and Quality Management and Business Discovery.

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