• 2BAdviceAilance
• 0 Comments
• 7292 Views

Privacy Shield

What does Privacy Shield?

As the successor to the so-called Safe Harbor regulation, the EU-US Privacy Shield was a special Appropriateness decisionwhich provides the USA with an adequate level of data protection with regard to the Transmission of personal data from the EU or the EEA. US companies were able to register on a list of the US Department of Commerce for this purpose. As part of this voluntary "self-certification", these companies promised to adhere to certain data protection standards. With the so-called "Schrems II" ruling of the ECJ of 16.7.2022 (Ref. C-311/18), the Privacy Shield overturned. Since then, a new political instrument to safeguard data transfers to the U.S. has been in the works. A successor agreement between the EU and the U.S., the TADPF, has already been announced.

Practical example

Before the ECJ ruling 'Schrems II', many companies took advantage of the Privacy Shield, to transfer data to the U.S.; since the repeal, they have been using Standard contractual clauses.