The privacy shield for data sent between the European Union and the United States, adopted in mid-July, has had its first concrete effects. From 1 August onwards, companies have been able to receive certification from a ministry in the US government, and the European Commission has published a guide for European citizens on how the privacy shield works.
The 'Privacy Shield' for personal transatlantic data transfer replaces the earlier 'Safe Harbour' mechanism, which the European Court of Justice ruled unlawful. It was adopted on 12 July without the support of Austria, Romania, Bulgaria or Slovenia (see EUROPE 11590). The idea is to protect the fundamental rights of EU citizens whose personal information is sent to the United States by providing legal clarity to the companies making the data transfers. It allows European citizens, for example, to ask a company to tell them what information it holds about them or to amend it if the information is out of date or inaccurate. It allows public authorities in the United States to access the information under clear conditions and transparency rules.
On 1 August, the Commission published a guide explaining to citizens how their personal data protection rights are guaranteed and the measures they can undertake if they feel their information has been abused or their rights have not been respected. Since the same date, companies have been able to sign up to the Shield at the US Trade Department, which will then verify whether their privacy policies are in line with the new data protection rules. (Original version in French by Sophie Petitjean)