Us-Eu Safe Harbor Agreement

January 19, 2016 the US Chamber of Commerce, in collaboration with BUSINESSEUROPE, DIGITALEUROPE and the Information Industry Council, has published a letter to President Obama, the Presidents of the European Commission and the Council, as well as the leaders of the 28 Member States of the European Union, stressing the urgent need to reach agreement on a new data transfer mechanism and create long-term security for companies of all sizes. depend on the fluidity of data flows and the endless flow of data. Information about the Atlantic. German MEP Jan Philipp Albrecht and activist Max Schrems criticised the new ruling, as they said the Commission could take a «tour of Luxembourg» (where the European Court of Justice is located). [27] Vera Jourova, a Member of the European Commission responsible for consumer protection, said she was convinced that an agreement could be reached by the end of February. [28] Many Europeans have called for a mechanism for individual European citizens to file complaints about the use of their data, as well as a transparency system to ensure that the data of European citizens does not fall into the hands of the US secret services. [29] The Article 29 group acted on this request and stated that it would not be a further delay, until March 2016, to decide on the consequences of the Commission`s new proposal. [30] The European Commission`s Director of Fundamental Rights, Paul Nemitz, explained at a conference in Brussels in January how the Commission would decide on the adequacy of data protection. [31] The Economist predicts that it will be more difficult for the Court of Justice to make it more risky once the Commission has adopted a strengthened «adequacy decision». [32] Data protection advocate Joe McNamee summed up the situation by pointing out that the Commission had announced agreements prematurely and had thus lost its right to negotiate. [33] At the same time, the first legal disputes began in Germany: in February 2016, the Hamburg Data Protection Authority was preparing the dispute of three companies that relied on Safe Harbour as a legal basis for their transatlantic data transfers, and two other companies were investigated. [34] On the other hand, a reaction was immediate. [35] On 19 July 2013, Viviane Reding, Vice-President of the European Commission, told the Vilnius Justice Council: «The Safe Harbour Agreement may not be so secure.

This may be a loophole for data transfer, because it allows the transfer of data from the EU to US companies, although US data protection standards are below our European standards. Reding announced a robust evaluation of the Safe Harbor Agreement, which will be presented before the end of the year. The choices to qualify for the privacy refuge are entirely voluntary and organizations can qualify in different ways for the shelter. In order to gain recognition and maintain that they provide an adequate level of protection for the transfer of data from the EU to the United States, organizations must respect the principles and questions frequently asked and make it public that they are doing so. For example, when an organization adheres to a self-regulatory program that respects the principles, it qualifies for the Safe Harbor according to the principles.