ARTICLE
12 March 2020

EU Entities Can Continue To Transfer Personal Data Within The Privacy Shield Framework

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ELVINGER HOSS PRUSSEN, société anonyme

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Independent in structure and spirit, Elvinger Hoss Prussen guides clients on their most critical Luxembourg legal matters. Committed to excellence and creativity in legal practice, our firm delivers the best possible advice for businesses, institutions and entrepreneurs, playing a unique role in the development of Luxembourg as a financial centre.
According to the European Commission's report , the EU-U.S. Privacy Shield continues to ensure an adequate level of protection for personal data transferred to certified U.S. companies, as listed by the U.S. Department of Commerce.
European Union Privacy

According to the European Commission's report, the EU-U.S. Privacy Shield continues to ensure an adequate level of protection for personal data transferred to certified U.S. companies, as listed by the U.S. Department of Commerce. As a reminder, the Privacy Shield decision has been operational since 1 August 2016 and is subject to annual reviews by the European Commission, which took place respectively in September 2017 and October 2018 and 2019.

The third annual review (2019) highlights the improvements in the functioning of the Privacy Shield framework, which as of today include more than 5,000 U.S. companies. The European Commission still concludes that additional concrete steps need to be taken to ensure better functioning in practice, including timing for the re-certification process during which U.S. companies remain on the Privacy Shield "active" list, the pro-active monitoring of the U.S. companies on more substantive obligations, such as the accountability for onward transfer principles, enlarging the scope of search for detecting false claims, and the development of guidance regarding the processing of human resources data.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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