After Safe Habor and Privacy Shield comes the next agreement?

On 16 July 2020 the time had come for Privacy Shield. After Safe Harbor, the Senate of the European Court of Justice now also took the successor Privacy Shield. However, this should not be the end of the agreements between the EU Commission and the US Department of Commerce to put the processing of personal data in the US on a valid legal basis and to maintain the market power of US companies.

Successor of Privacy Shield
New talks and negotiations have already been launched on 10 August 2020 that there should be a new agreement with the USA. The chances of a new agreement are good, although the chances of an agreement that also stands up to the ECJ are rather poor. To achieve this, the USA would have to amend its laws (Acts) and future judgements (Caselaw) accordingly, as well as its strategy. In some states, such as California, corresponding legislation has already been passed, but this seems unlikely for the USA.


“The US Department of Commerce and the European Commission have initiated discussions to assess the potential of an improved EU-US framework for privacy protection in order to comply with the judgment of the Court of Justice of the European Union of 16 July in the Schrems II case. That judgment stated that this framework is no longer a valid mechanism for transferring personal data from the European Union to the United States.

The European Union and the United States recognise the vital importance of data protection and the importance of cross-border data transfers for our citizens and economies. We share a commitment to the protection of privacy and the rule of law and to further deepening our economic relations and have been working together on these issues for several decades.

As we face new challenges together, including the recovery of the global economy after the COVID 19 pandemic, our partnership will strengthen data protection and promote the prosperity of our nearly 800 million citizens on both sides of the Atlantic”.

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