On Tuesday, Vice President Andrus Ansip and Commissioner Vera Jourová announced that the EU Commission had approved a political agreement on what will henceforth be known as the EU-U.S. Privacy Shield. Over the coming weeks they will have to draft a fresh EU Commission adequacy decision to replace the previous Safe Harbor decision, which the Court of Justice of the European Union found invalid in Schrems. There is already speculation that the validity of this new decision will itself be challenged in the CJEU, so Ansip and Jourová will need to draft as robust a decision as they can, if that decision is to withstand review by the CJEU. In this exclusive for The Privacy Advisor, Denis Kelleher discusses what may complicate the process.
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