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Eu Us Safe Harbour Agreement

On 19 July 2013, Viviane Reding, then 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 transfers, because it allows data transfers from the EU to US companies, although US data protection standards are lower than ours in Europe. Reding announced a robust assessment of the Safe Harbor agreement, which is expected to be presented before the end of the year. If the U.S. tries to derail a new Safe Harbor agreement, U.S. companies that want to expand beyond U.S. borders should be affected. European businesses could also see access to advanced cloud services restricted, although moving to data centers in Europe will ease the situation. A new Safe Harbor agreement is being negotiated between the EU and the US and has been under negotiation for two years following the Snowden revelations.

Some analysts probably see the EUCJ ruling as damaging the new Safe Harbor negotiations and will not help. In the meantime, encryption may contain the response to maintaining data transmission, while a new agreement is reached. On 8 September 2015, the European Commission published a factsheet with frequently asked questions on the Umbrella Agreement, which aims to establish a comprehensive high-level data protection framework for EU-US law enforcement cooperation. The agreement covers all personal data exchanged between the EU and the US and requires security measures to prevent, detect, investigate and prosecute criminal offences, including terrorism. Under EU rules on referral to the ECJ on the “preliminary ruling”, the Irish Data Protection Officer has since had to”. Investigate Mr. Schrems` case “with all due diligence” and […] decide whether […] the transfer of personal data of European Facebook subscribers to the United States should be suspended.” [1] EU regulators have said that if the ECJ and the US do not negotiate a new system within three months, companies could face action by EUROPEAN data protection authorities. On October 29, 2015, a new “Safe Harbor 2.0” agreement seemed to be about to be concluded. [24] Commissioner Jourova, however, expects the United States to act next.

[25] U.S. NGOs quickly broadened the significance of the decision. [26] The short-term effects on users are unlikely to be obvious. The termination of the agreement will theoretically guarantee better protection of users` personal data. It could also help prevent the US government from accessing EU user data. On 6 October 2015, the Court of Justice of the European Communities issued a judgment invalidating European Commission Decision 2000/520/EC of 26 July 2000 “on the adequacy of protection through the Safe Harbour Principles and frequently asked questions by the US Department of Commerce”. Under this decision, the US-EU Safe Harbour Convention is not a valid mechanism for complying with EU data protection requirements when transferring personal data from the European Union to the United States. . .