European Commission Presents EU-U.S. Privacy Shield, Pratt’s Privacy & Cybersecurity Law Report - May 2016

Hunton & Williams

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PRATT’S PRIVACY & CYBERSECURITY LAW REPORT with the relevant U.S. authority. In particular, EU DPAs must assist complainants with cases brought in front of the Privacy Shield Panel, exercise oversight over transfers of EU HR personal data and trigger the Ombudsperson mechanism. European Commission The European Commission will adopt an adequacy decision that will be reviewed regularly, allowing the Privacy Shield to be consistently monitored, in contrast with the previous Safe Harbor. NEXT STEPS An extraordinary plenary meeting of the Article 29 Working Party was organized at the end of March 2016. After obtaining the non-binding opinion of the Working Party and consulting a committee composed of representatives of the EU Member States, a final decision by the College of Commissioners will be made.

In the meantime, U.S. authorities will prepare for the implementation of the new framework. Federal Trade Commission (‘‘FTC’’) chairwoman Edith Ramirez issued a statement5 in response to the release of the new framework. She said that ‘‘[t]he EU-U.S.

Privacy Shield Framework supports the growing digital economy on both sides of the Atlantic, while ensuring the protection of consumers’ personal information. In providing an important legal mechanism for transatlantic data transfers, it benefits both consumers and business in the global economy.’’ Chairwoman Ramirez also emphasized the FTC’s role, saying that ‘‘the FTC will make enforcement of the new framework a high priority, and we will work closely with our European counterparts to provide robust privacy and data security protections for consumers in the United States and Europe.’’ This article presents the views of the authors and do not necessarily reflect those of Hunton & Williams or its clients. The information presented is for general information and education purposes.

No legal advice is intended to be conveyed; readers should consult with legal counsel with respect to any legal advice they require related to the subject matter of the article. 5 https://www.ftc.gov/news-events/press-releases/2016/02/statement-ftc-chairwoman-edith-ramirezeu-us-privacy-shield-0?utm_source=govdelivery. 150 .