The Safe Harbor Agreement should ensure that data transfers between the EU and the US are in line with the 1995 EU Data Directive. In practical terms, these were seven key principles: it allowed companies like Facebook to certify themselves that they would protect the data of EU citizens if they were transferred and stored in US data centres. 6 October 2015: The European Court of Justice (ECJ) released the much-anticipated ruling in the Schrems case (C-362/14) and found that legislation allowing public authorities to access the content of electronic communications on a general basis, b) that a secure port system allows disruption, U.S. authorities with fundamental rights of persons, and (c) that the existence of a Commission decision cannot remove or even reduce the powers of national supervisory authorities, and (d) that supervisory authorities are effectively required to review relevant complaints with the necessary diligence, but (e) that the ECJ alone is entitled to declare: that an act of the Union, such as . B a decision of the Commission, is invalid. “[The Irish Data Protection Authority] must decide whether … The transfer of data from European subscribers to Facebook to the United States should be suspended because Facebook does not offer an adequate level of protection for personal data,” said the EUCJ. On 26 July 2000, the European Commission adopted the Safe Harbour Adequacy Decision for the recognition of the U.S. Department of Commerce`s Safe Harbour Adequacy Decision principles and privacy issues, which provide adequate protection for the transfer of personal data from the EU to the United States. On 12 January 2017, Federal Councillor Johann Schneider-Ammann announced the Swiss-USA agreement. Privacy Shield Framework as a valid legal mechanism to meet Swiss requirements for the transfer of personal data from Switzerland to the United States. The Swiss-USA Privacy Shield Framework immediately replaces the Swiss Safe Harbor of the United States.
To give organizations time to review the principles of the data protection shield and related commitments, U.S. Commerce Secretary Ken Hyatt announced that the department would begin adopting Privacy Shield certifications on April 12, 2017. On 19 January 2016, the US Chamber of Commerce issued a letter to President Obama, the Presidents of the European Commission and the Council, and the leaders of the 28 Member States of the European Union, in collaboration with BUSINESSEUROPE, DIGITALEUROPE and the Information Industry Council, in which they stressed the urgent need to reach agreement on a new secure data transfer mechanism and to ensure long-term security for companies of all sizes, which depend on the flow of data and information in the Atlantic. The EU has used the threat of vetoing future trade agreements as a whip, but an agreement has yet to be reached. The new judgment is expected to result in a fire in the proceedings, as a new agreement is needed to moderate international trade in services. Now that the 2000 agreement has been declared invalid, U.S. companies – including Google, Facebook, Apple and Microsoft – can no longer rely on self-certification and must each time try to obtain standard contract clauses. These agreements allow the transmission of data outside Europe. A new safe ports agreement is being negotiated between the EU and the US and has been under negotiation for two years following Snowden`s revelations. On 16 October 2015, the EU data protection authorities meeting in the Article 29 Data Protection Working Group issued a statement on the ruling of the European Court of Justice (ECJ) in the Schrems case (C-362-14) and stressed the need for a strong, collective and common position for the implementation of the judgment.