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The Minister of State for European Affairs, EU Digital Single Market and Data Protection, Dara Murphy TD, has welcomed the adoption by the European Commission today of the EU-US Privacy Shield, following the conclusion of negotiations between the EU and United States.
The new mechanism for the lawful and safe transfer of data across the Atlantic includes significantly strengthened safeguards to protect the personal data of Europeans, in line with their fundamental rights, and will ensure legal clarity for businesses.
Commenting on the significance of the new EU-US Privacy Shield, Minister Murphy said:
“I very much welcome the adoption today of the EU-US Privacy Shield, which is good news for individuals and for small businesses in particular. For individuals, it provides reassurance under a robust new framework with strengthened protections for their personal data and several redress possibilities if they have a complaint. For small businesses that need to transfer data for commercial reasons, it provides legal certainty.”
“Having a sustainable framework in place for the lawful, safe and secure transatlantic transfer of data is absolutely critical for society and the economy in this digital age. Secure data flows allow citizens to have trust and confidence in the digital environment and to take advantage of the benefits of technology and innovative digital services in their lives.”
“Throughout the negotiations on the Privacy Shield I have been encouraging both the EU and US sides to conclude an agreement that is sustainable and fully respects the concerns of the European Court of Justice on the fundamental right of individuals to the protection of their personal data. I want to pay tribute to both the EU and US negotiators for reaching agreement on what is a new and robust transatlantic data transfer mechanism that we can all have confidence in.”

Notes for Editors:

The new EU-US Privacy Shield framework includes:
i. Obligations on companies handling data: companies and other bodies in the US that sign up to a set of agreed privacy principles issued by the US Department of Commerce will be subject to regular monitoring, with scope for enforcement action to ensure compliance.
ii. Safeguards and transparency obligations on US Government access to data: the US has agreed that any access of public authorities for national security purposes will be subject to clear limitations, safeguards and oversight mechanisms. EU citizens will be able to benefit from redress mechanisms in this area.
iii. Effective protection of individuals’ rights: there will be several avenues for redress including through the company concerned, through Alternative Dispute resolution solutions and through national Data Protection Authorities (DPAs) in the EU.
iv. Annual joint review mechanism: the European Commission and the US Department of Commerce will conduct an annual review, with involvement US national intelligence experts and European DPAs.