EU-US Privacy Shield Framework

COMMISSION IMPLEMENTING DECISION (EU) 2016/1250 of 12 July 2016

pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield
(notified under document C(2016) 4176)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [1] and in particular Article 25(6) thereof,

After consulting the European Data Protection Supervisor[2],

[1] OJ L 281, 23.11.1995, p. 31.

[2] See Opinion 4/2016 on the EU-U.S. Privacy Shield draft adequacy decision, published 30 May 2016.

Quick Access

Key Issues

• Fines / Penalties
• Personal Data
• Privacy by Design
• Privacy Impact Assessment
• Processing
• Records of Processing Activities
• Right of Access
• Right to be Forgotten
• Right to be Informed
• Third Countries
• Consent
• Data Protection Officer
• Email Marketing
• Encryption

Table of Contents

Introduction

• 1. Introduction

The EU-U.S. Privacy Shield

• 2. The EU-U.S. PRIVACY SHIELD
• 2.1. Privacy Principles
• 2.2. Transparency, Administration and Oversight of the EU-U.S. Privacy Shield
• 2.3. Redress mechanisms, complaint handling and enforcement

Access and Use of Personal Data Transferred under the EU-U.S. Privacy Shield by U.S. Public Authorities

• 3. Access and Use of Personal Data Transferred under the EU-U.S. Privacy Shield by U.S. Public Authorities
• 3.1. Access and use by U.S. public authorities for national security purposes
• 3.2. Access and use by U.S. public authorities for law enforcement and public interest purposes

Adequate Level of Protection under the EU-U.S. Privacy Shield

• 4. Adequate Level of Protection under the EU-U.S. Privacy Shield

Action of Data Protection Authorities and Information to the Commission

• 5. Action of Data Protection Authorities and Information Authorities and Information to the Commission

Periodic Review of Adequacy Finding

• 6. Periodic Review of Adequacy Finding

Suspension of the Adequacy Decision

• 7. Suspension of the Adequacy Decision
• Article 1 – Suspension of the Adequacy Decision
• Article 2 – Suspension of the Adequacy Decision
• Article 3 – Suspension of the Adequacy Decision
• Article 4 – Suspension of the Adequacy Decision
• Article 5 – Suspension of the Adequacy Decision
• Article 6 – Suspension of the Adequacy Decision

Annex I

• Letter from U.S. Secretary of Commerce Penny Pritzker
• Letter from Acting Under Secretary for International Trade Ken Hyatt
• Arbitral Model