No Certainty in Future of Privacy Shield as Transatlantic Consultations Set to Begin

Differences between the U.S. and the EU regarding transfers of Personal Data continue to haunt relations between the two trade giants.

Commerce between the U.S. and EU depends on the ability to engage in regular transfer of data.  The Privacy Shield agreed to only last year by the EU and the US was intended to provide companies on both sides of the Atlantic with a mechanism to replace the prior Safe Harbor and meet European data privacy requirements when transferring Personal Data from the EU to the U.S.

However, despite the positive statements at highest levels of the U.S. and EU about the Privacy Shield’s adequacy to enable data transfers, contrasting interpretations remain regarding those safeguards on both sides of the Atlantic.

Given diverging perspectives on trade and national security issues, the question is whether upcoming consultations in September 2017 between the U.S. and EU will strengthen or undermine the Privacy Shield.

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About the authors:

Stephen Díaz Gavin combines legal acumen and litigation experience with public policy advocacy skills to help a diverse range of clients, both international and domestic, in dealing with legal and policy issues facing them in the United States and overseas.
Stephen specializes in international litigation and arbitration, including sovereign representation.