July 22, 2018

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European Parliament Calls on US to Show Compliance with EU-US Privacy Shield Within Two Months

The European Parliament plenary adopted on 5 July 2018 the LIBE Committee’s Motion for Resolution on the EU-US Privacy Shield (‘Privacy Shield) indicating the general Parliament’s position towards its functioning. The non-binding resolution calls for the suspension of the Privacy Shield unless the US demonstrates compliance with its requirements by 1 September 2018.  As per our previous post, the European Parliament considers that the personal data protection provided by the Privacy Shield is not adequate. 

The day before the vote, a debate took place between the Members of the European Parliament (‘MEPs’) and the Commissioner for Justice, Consumers and Gender Equality, Vera Jourova. While some MEPs were adamant that the EU should suspend the Privacy Shield if the US does not demonstrate compliance by 1 September, Commissioner Jourova stressed that at this stage a suspension is not warranted.

Commissioner Jourova highlighted that the Privacy Shield framework has been functioning even if the system does not work to perfection. The Commission is committed to continuously monitoring the functioning of the Privacy Shield to guarantee the protection of European citizens’ data.

The Commissioner nevertheless welcomed the European Parliament’s insistence on proactive compliance monitoring of the functioning of the Privacy Shield.  According to her statement, there is no doubt that the Privacy Shield could be and should be improved. The Commission will not hesitate to suspend the Privacy Shield if there are grounds to do so and commitments are not fulfilled. The European Commission expects the US authorities to fully focus on the day-to-day operation of the Privacy Shield.

As per the statement by Commissioner Jourova, open issues on the second annual review, including the US commitment to finding a solution on the Ombudsman, are expected to be resolved by 18 October 2018, the end of the second annual review process  Under the relevant provisions of the GDPR (as under the prior directive), it is for the European Commission to assess and decide on the adequacy of the level of protection afforded by a third country.

© Copyright 2018 Squire Patton Boggs (US) LLP

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About this Author

Ann J. LaFrance, Squire Patton Boggs, Cybersecurity Matters Lawyer, Telecommunications Attorney
Partner

Ann LaFrance co-leads our Data Privacy & Cybersecurity practice. Drawing on more than 20 years of industry experience, Ann advises clients on telecommunications regulation and new media policy, competition law, dispute resolution and European Union ('EU') data protection matters.

44 20 7655 1752
Christina Economides, Squire Patton Boggs Law Firm, Public Policy Advisor
Public Policy Advisor

Christina is an advisor in the firm's public policy practice in Brussels in coordination with the public policy international group.

Christina's former positions include an International Recruitment Consultant for a Netherlands-based recruiment agency, EU Public Affairs Consultant for Afore Consulting (a Brussels-based consultancy with a focus in financial services), running the Secretariat of the European Payment Institutions Federation, Policy Officer for the British Chamber of Commerce in Belgium and Assistant for Ioannis Kasoulides cabinet at the European Parliament in Brussels.

Experience

  • Being in charge of the recruitment process for multilingual professionals in the Netherlands.
  • Monitoring the legislative developments at EU level on a number of financial services and technology subject matters.
  • Being the account manager and provide public affairs and strategy support to clients from the financial services sector.
  • Providing daily regulatory updates, drafting strategy papers and assessment reports to clients on several legislative and non-legislative matters.
  • Liaising with EU officials to gather intelligence on legislative matters.
  • Running the Secretariat of the European Payment Institutions Federation (EPIF) and being responsible for the day-to-day administrative operation of the association including communication with its members, managing the association’s website and recruitment process as well as responding to enquiries by third parties.
  • Drafting all the materials for the regular EPIF meetings such as the board, technical committee and the general meetings.
  • Drafting strategy papers on the standard setting aspect of payments covered through the European Payments Council and the Euro Retail Payments Board chaired by the European Central Bank.
  • Being responsible for conceptualizing and organizing events, workshops, briefing lunch/dinners and outreach meetings with EU policy makers for the members of EPIF and the British Chamber in the fields of financial services, competition, trade and innovation.
  • Producing briefings, reports and speeches for Mr Ioannis Kasoulides, former Member of the European Parliament (EP) and current Minister of Foreign Affairs in Cyprus.
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