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U.S. tech firms have urged President Donald Trump to assuage European fears about the future of the EU-U.S. Privacy Shield after Trump's executive order striking privacy protections for foreigners, Fortune reports. While legal analysts have "downplayed that concern by pointing out that the order seems to include an exception for Privacy Shield," the report states, "given the recent skittishness of European regulators about U.S. surveillance, calls are mounting for the White House to publicly reassure Europeans the order doesn't affect their data." The Computer and Communications Industry Association's Bijan Madhani added that "Transatlantic digital trade is valued at $260 billion annually, and we would encourage the Administration to keep these substantial economic benefits in mind." Editor's Note: The IAPP will host Privacy Shield one-on-one consultations at the Europe Data Protection Intensive in London, England, March 14-16. 
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  • Roger Edwards Feb 3, 2017

    Sometimes in listening to chatter around international transfers and the status of Privacy Shield I sense the following frantic end to the sentence   " .  .   . because if we lose access to Privacy Shield we may then be forced to comply with that horrific new GDPR thing!  Hopefully the IAPP one-on-one consultations will re-affirm for registrants and potential registrants that Privacy Shield registration addresses only one component of GDPR compliance, so that there are no unpleasant international data transfer surprises come May 26, 2018.  A transfer which violates GDPR is illegal even if transferred to a bona fide Privacy Shield registrant.
  • Sholem Prasow Feb 6, 2017

    Following up on Rogers comment, my understanding is after the GDPR comes into effect May 25, 2018, the Privacy Shield needs to be have been updated to suit. And we must not forget when we listen to a spokesperson from "the EU", we are listening to a representative of one of about 3 dozen member country DPAs and people in leadership positions in other EU bodies. Other representatives may think differently.
    The Privacy Shield will need to be adjusted to be compliant with what all of these bodies want, no matter which one will be negotiating it on the EUs behalf -- I believe that would be the Commission.
    Once all that is finalized, with duplicates from the Trump administration of the letters of assurance that Obama administration officials provided -- including the appointment of an Ombudsman -- and with specific assurances of how the US government would follow US privacy law, the Privacy Shield can theoretically be renewed.
    And still, any individual in the 28 UE countries or various officials can bring any matter of alleged violation to one or more of 28 or so member country courts (soon to be 27) or possibly one or two EU courts any one of which can invalidate the entire Privacy Shield concept depending on the complaint.
    To me, this looks like a series of really big hurdles to overcome before the renewal of the Privacy Shield can be considered probable this time and on a recurrent basis.


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