Tag: international data transfers

European Commission releases proposal to complete data protection framework

13. January 2017

On January 10th 2017 the European Commission released a Proposal for a Regulation concerning the respect for private life and the protection of personal data in electronic communications.

The presented proposal pursues the implementation of the EU’s Digital Single Market strategy. The Digital Single Market strategy aims to increase trust in and the security of digital services. With the upcoming General Data Protection Regulation further legislative measures have to be implemented in order to build a coherent regulatory framework.

The proposed Regulation will repeal the Directive 2002/58/EC Regulation on Privacy and Electronic Communications, also known as the “E-Privacy Directive”, which insufficiently regards current technological developments. Especially so-called Over the Top communication services, such as the messenger services WhatsApp, Skype or Facebook Messenger, are not regulated by the E-Privacy Directive and lack sufficient privacy for its users. According to the proposed Regulation, the content of messages as well as metadata will have to remain confidential and / or anonymized unless the user consented otherwise.

In addition, the new rules set out a strategic approach relating to international data transfer. By engaging in so-called “adequacy decisions” the transfer of personal data will be simplified while a high level of privacy remains.

The proposed Regulation further contains rules to ensure that personal data, which is processed by EU institutions and bodies, is handled according to the measures of the General Data Protection Regulation.

Finally, since the nature of the Proposal is a regulation instead of a directive, it should have a stronger impact for both consumers and businesses.

Ideally the legislative process will be finalized by May 25th 2018, when the General Data Protection Regulation will enter into force.

EU-U.S. Privacy Shield operational since August, 1st

2. August 2016

The EU Commission announced yesterday the full operability of the agreed EU-U.S. Privacy Shield as substitute of the former Safe Harbor Framework. The Department of Commerce will verify the privacy policies of the U.S. Companies that sign up the Privacy Shield in order to ensure that they comply with the standards agreed on the new framework.

Furthermore, the EU Commission has also published a citizen’s guide regarding how their rights will be ensured and how to address complaints if they consider that their rights have not been respected. Amongst others, EU citizens have the right to access the data an organization holds about them, to correct their data if this is inaccurate or incorrect, to have access to the different dispute resolution mechanisms, etc.

U.S. Secretary of Commerce Penny Pritzker also made a statement regarding the launch of the new framework: “After more than two years of discussions, it is time to implement the new EU-U.S. Privacy Shield Framework with our partners in Europe and companies on both continents. With the Privacy Shield in place, businesses will be able to protect privacy and truly seize the opportunities offered by the transatlantic digital economy. More than $260 billion in digital services trade is already conducted across the Atlantic Ocean annually, but there is significant potential for this figure to grow, resulting in a stronger economy and job creation. The Privacy Shield opens a new era in data privacy that will deliver concrete and practical results for our citizens and businesses.”