A New configuration For that Privacy Of Atlantic Ocean Data. Two years after the European Court of Justice’s Schrems II ruling, which raised a number of concerns in markets around the world, the European Commission and the United States have finally reached an agreement on the transfer of data abroad.
This Trans-Atlantic Data Privacy FrameworkThe EU-US agreement The previous privacy shield and secure portfolio have become obsolete due to European Commission rulings, laying the groundwork for an adequate decision to allow the United States to re-enter the European confidence circle in terms of the level of data security.
After being announced last March 25, the third chapter of the agreement must follow the verifications of the case and ensure that the new structure provides the same protection as expected within the union, overcoming differences that may have led to the transfer being interrupted. Schrems I and Schrems II.
Since the differences that led to the termination of previous agreements cannot be easily overcome, the condition is necessary when talking about the matter: it is difficult to imagine that the United States will relinquish control over the data in circulation in its territory. It is now rooted in the culture of the US government, which has its roots in security for September 11.
The contents of the agreement are not known in detail at this time, which does not really represent an executive decision yet, but we certainly face the unprecedented mutual commitment of both parties in the direction of reforms aimed at strengthening security. Privacy and civil rights.
General principles of the contract
But what are they HighlightsAt least on a theoretical level, of structure?
From the expectations expressed in the press release, we know that the new rules will play a fundamental role. To limit L ‘Access For data by U.S. officials, Thanks to binding protections this right can be maintained only for national security reasons and in proportion to the purpose in any case. To achieve this, intelligence agencies must follow procedures to ensure adequate oversight.
With regard to complaints from European citizens, it is necessary to follow a method Double appeal: To ensure the effectiveness of this operation, involvement a Dedicated elementOr the Data Protection Review Court. There will be gods too Restrictions For that Companies Transformers of Data Transfer from the EU: In such cases, it is necessary to continue to provide the obligation to automatically certify one’s adherence to policies developed by the U.S. Department of Commerce.
Obviously they should always be foretold Instructions For To monitor Compliance with the principles of the structure and audit.
Despite the doubts and uncertainties about the effective compatibility of the Trans-Atlantic data privacy framework, the joint action of both parties in the matter of harmonious data flow is undoubtedly necessary. A goal that cannot be achieved in any other way than a formal agreement.
Many I. Benefits It is expected that the US government will agree to relinquish full control over the data circulating on US soil. Of these, the ones mentioned by the structure are the primary:
– Enough Security Data of European citizens transferred to the United States in accordance with the judgment of the European Court of Justice (Schrems II);
– Data flows Safe And Protected;
– The basics of regulation Durable and reliable;
– ஒரு ‘The digital economy Competition and economic cooperation;
– Data flows Proceed;
Although the first step in the new EU-US data policy is a political agreement, agreement alone will not solve the problem. It is a question of finding a point of understanding and balance between two different visions. On the European side, privacy is a central right that finds its highest expression in GDPR and translates all the sensitivity of matter into its principles. At the same time, regulation, due to its rigorous nature, sometimes fails to accommodate the most innovative business models created by foreign companies at the forefront of digital evolution. On the other hand, if American companies and other countries in the world in general provide their business model for processing the data of European citizens, there will be no escape from compliance with GDPR.
The uniformity of world order is utopian and utterly unimaginable; However, in order to develop new business models, it is necessary to create the Atlantic Ocean, which harmonizes the protections and policies of privacy with the development of businesses and new paradigms.
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