The United States and the European Union have entered into a new data transfer agreement, which allows European data to be stored in the United States.
US companies such as Facebook and Google would be allowed to operate under an EU-US data protection agreement if they agreed to a detailed set of privacy obligations. Protecting Private Life.
In particular, they must delete personal data when they are no longer necessary for the purposes for which they were collected and ensure continuity of protection when sharing personal data with third parties. In the event of improper processing of data, residents of the European Union may appeal to an independent and free dispute resolution mechanism and to an arbitration panel.
“The new EU-US data protection framework will ensure secure data flows for Europeans and provide legal certainty for businesses on both sides of the Atlantic.” EU President Ursula von der Leyen said, “After the initial agreement they reached with President Joe Biden last year, the states cut The United States made unprecedented commitments to create the new framework.
“Today, we are taking an important step to reassure citizens about the security of their data, to deepen economic ties between the European Union and the United States and, at the same time, to reaffirm our shared values,” she added.
The agreement specifically addresses concerns about sharing European data with US government and law enforcement agencies. Access to the data will be limited to what is “necessary and proportionate” to protect national security.
In addition, EU citizens will have access to a dedicated, independent and impartial redress mechanism, including review by the new Data Protection Tribunal (CRPD). The Court will independently investigate and resolve complaints, including by issuing binding remedies.
Many people welcomed the deal.
“This is a huge achievement,” said Alexander Rohr, director of public policy for the Computer and Communications Industry Association (CCIA).
« Après des années d’attente, les entreprises et les organizations de toutes tailles des deux côtés de l’Atlantique ont enfin la certitude de disposer d’un cadre juridique durable qui autorise les transferts de données à caractère personnel de l’UE vers les United State. »
However, Max Schrems, the thorn in the side of the tech companies that led challenges to previous data deals, said he plans to appeal.
We now have frameworks, but there is no fundamental change in US surveillance law. Today’s press releases are almost a verbatim copy of those from the past 23 years.
It is not enough to declare something “new” or “reliable” or “effective” for a court of justice to seize on it. For this to work, US surveillance laws would have to change, which simply isn’t the case.
Mr. Schrems hopes to return to the European Court of Justice by early next year and ask the court to suspend the deal in the meantime, which is unlikely.
In the meantime, the European Commission says the deal will be reviewed periodically – certainly within the first year – to ensure that the necessary procedures in US law are implemented and that it works as it should.
Translated article from the American magazine Forbes – Author: Emma Woollacott
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