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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 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume VIII, Number 187
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About this Author

Ann J. LaFrance Data Privacy & Cybersecurity Attorney Squire Patton Boggs New York, NY & Washington DC
Partner

Ann LaFrance co-chairs the firm’s global Data Privacy & Cybersecurity Practice and is a senior member of the international Communications Practice.

In addition to advising clients on national and cross-border data privacy and cybersecurity matters, Ann has experience counselling clients on a broad range of legal and regulatory issues affecting the provision of internet and digital services, as well as advanced technologies. She has particular expertise advising on issues of concern to technology, media and telecommunications companies and she frequently serves as an adviser to...

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Christina Economides Public Policy Attorney Squire Patton Boggs Brussels, Belgium
Public Policy Advisor

Christina Economides is an advisor in the firm’s Public Policy Practice in Brussels in coordination with the Public Policy International Group. She is also a member of the firm’s Healthcare Industry Group leadership team.

Christina advises clients on technology, digital economy, taxation, financial services, and health regulatory and policy matters. Prior to joining the firm, Christina worked for a Brussels-based EU public affairs consultancy, focused on financial services, ICT/data protection and competition matters, and was inter alia running the Secretariat of the European Payment Institutions Federation (EPIF). Christina was also the account manager for a number of clients in the financial services sector and provided intelligence and strategic support on EU regulatory and policy issues to clients.

Previously, Christina was a policy officer in the British Chamber of Commerce in Belgium and, prior to that, an assistant for an MEP in the European Parliament.

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