Reactions and statements following Privacy Shield 2 announcement

29/03/2022 | noyb

Several statements and articles have been posted following the announcement on Friday that the EU & US have reached a preliminary deal on transatlantic data flows to replace the Privacy Shield data transfer agreement struck down by the CJUE in July 2020. 

The European Commission released two statements:

According to reports in Reuters and Politico, on reaching the agreement, von der Leyen said, "I am very pleased that we have found an agreement in principle on a new framework for transatlantic data flows," while President Biden remarked "Today, we've agreed to unprecedented protections for data privacy and security for citizens." 

However, officials have cautioned that it will likely take many months to turn this provisional agreement into a final legal text despite what political leaders want. Furthermore, The Wall Street Journal claims the new data transfer agreement would still likely be challenged in Europe's highest court. The first reaction by Max Schrems of privacy group noyb calling the agreement Lipstick on a Pig said, "the final text will need more time, once this arrives we will analyse it in depth, together with our US legal experts. If it is not in line with EU law, we or another group will likely challenge it." 

Meanwhile. the Danish data protection authority, Datatilsynet, issued a notice saying the agreement in principle is “not yet so concrete that it makes any difference to organisations that transfer personal data to the United States.” Companies that wish to transfer personal data to the US “must therefore continue to establish a possible transfer basis,” the DPA said, “because there is no new transfer basis and adequacy assessment yet.” 

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