Agreement between Europe and the United States for the transfer of personal data
The European Commission and the United States announced have reached an agreement in principle on a new framework for the transfer of personal data from the European Union to the United States. This is a crucial element for the digital economy, after the invalidation of the previous device by European justice.
New agreement between the United States and Europe on data
The announcement, made in Brussels by US President Joe Biden and European Commission President Ursula von der Leyen, comes after months of negotiations. It follows the invalidation in July 2020 by European justice of the Privacy Shield agreement which allowed this transfer, due to fears about American surveillance programs.
This agreement “underlines our shared commitment to privacy, data protection and the rule of law”, said Joe Biden during a press conference with Ursula von der Leyen. He “will facilitate the economic relationship with the European Union which weighs 7,100 billion dollars”or 6.4 trillion euros, he said.
For her part, the head of the European executive welcomed this agreement. “This will enable predictable and reliable data flows between the European Union and the United States, while preserving privacy and individual freedoms”she said. “We must continue to adapt our democracies to a changing world. This is especially true when it comes to digitalisation, where the protection of personal data and privacy have become so crucial”she pointed out.
The end of the Privacy Shield in 2020
In July 2020, in a resounding judgment, the Court of Justice of the EU ruled that the Privacy Shield, used by 5,000 American companies, including Google or Amazon, did not protect against possible interference with the fundamental rights of people whose data is transferred. This judgment was hailed as a victory by defenders of individual freedoms but castigated by the technology giants.
This decision had plunged into legal uncertainty companies operating in the EU that transfer or host data across the Atlantic. They have since resorted to alternative solutions, with more uncertain legality, to continue these transfers, while waiting for Europe and the United States to find a more solid and sustainable system.
