The European Union and the United States are negotiating a new data protection agreement

Newspaper Expansión – Madrid Saturday 27 March 2021

European Commissioner for Justice, Didier Reynders; US Trade Secretary Gina Raymondo informed the decision

The European Union and the United States have agreed to intensify negotiations on a new agreement to ensure protection of water flows personal information Between the two parties, after Community Justice canceled the 2016 agreement last year.

“The United States government and the European Commission have decided to intensify negotiations on the enhanced privacy shield between the European Union and the United States, to comply with the ruling issued on July 16, 2020 by the Court of Justice of the European Union (CJEU)”, European Commissioner for Justice, Didier Reynders; And the US Secretary of Commerce, Gina Raymondo.

Both noted that these negotiations affirm “a shared commitment to privacy, data protection and the rule of law,” as well as “mutual recognition of the importance of the flow of data across the Atlantic” to their citizens, their economies and their societies.

“Our partnership to facilitate the flow of reliable data will support economic recovery after the global pandemic, benefiting citizens and businesses on both sides of the Atlantic,” they said.

In July of last year, CJEU canceled the Personal Data Protection Agreement between the European Union and the United States, saying that it allows interference with the fundamental rights of citizens whose data is transferred to that country.

The response of the European Court, based in Luxembourg, to the initial question posed by the Supreme Court of Ireland demonstrated that this agreement, known as the “Protection Shield”, does not provide the appropriate level of safeguards established by the European Union’s General Data Protection Regulation (RGDP).

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Under this agreement, the American company that processes personal data that comes from the European Union must be registered in the system with the US Department of Commerce and respect obligations such as informing the owner of the data, if it intends to transfer it to third parties and the reasons, or never using the data for a purpose other than the origin.

However, the court did validate the European General Data Privacy Regulation with third countries through the GDPR.

CJEU realized that this should be interpreted in the sense that persons whose personal data is transferred to a third country should enjoy a level of protection largely equivalent to the level guaranteed within the European Union. The European Union Court added that the evaluation should take into account both the contractual terms of the company in question and the public authorities ’access to these data, depending on the general legal situation in the country in which the company’s headquarters are located.

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Sacha Woodward

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