On December 19, the European Commission published its report on the second annual review of the functioning of the EU-U.S. Privacy Shield. The report demonstrates that the United States continues to ensure an adequate level of protection for personal data transferred under the Privacy Shield from the European Union to self-certified companies in the United States. Since the last report, U.S. authorities have taken significant measures to implement the recommendations made by the European Commission and have therefore improved the functioning of the framework. The European Commission, however, is waiting for U.S. authorities to appoint a permanent Ombudsperson by February 28, 2019. The Ombudsperson is an important mechanism under the Privacy Shield to ensure that complaints by data subjects concerning access to personal data by U.S. authorities are properly addressed.
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