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Privacy Shield – a new framework for the transatlantic transfer of data?

BDI KAS Workshop Series 'Forum on Legal Affairs and Internal Market'

On 24 May 2016, the Konrad-Adenauer-Stiftung hosted the 2nd session of the ‘Forum on Legal Affairs and the Internal Market’ in cooperation with the Federation of German Industries (BDI) at the European Office in Brussels. The workshop was dedicated to the topic “Privacy Shield – A new framework for the transatlantic transfer of data?”.

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The Konrad-Adenauer-Stiftung hosted the 2nd session of the ‘Forum on Legal Affairs and the Internal Market’ in cooperation with the Federation of German Industries (BDI) at the European Office in Brussels. The workshop was dedicated to the topic “Privacy Shield – A new framework for the transatlantic transfer of data?”.

Since the invalidation of the Safe Harbor framework by the European Court of Justice (ECJ) on 6 October 2015, the ability of companies to transfer data from the EU to the US, as well as legal certainty in this context, have substantially been constraint. In the end of February 2016, the EU and the US presented an agreement on a revised framework for international data flows, the so-called “EU-US Privacy Shield.” This new agreement includes strong obligations for companies handling Europeans citizens’ personal data. A robust enforcement, clear safeguards and transparency obligations on the US and European governments access, and effective protection of EU citizens’ right with several redress possibilities are included.

The panel discussed the opportunities and challenges of this instrument for companies and its ability to comply with ECJ’s principles to safeguard the data of European citizens. Dr. Heiko Willems, Head of the Legal Affairs, Competition and Consumer Policy Department of the BDI, moderated the workshop after a brief opening statement. The round of experts was joined by Mr Roger Coelho, Policy Manager at the American Chamber of Commerce to the EU, Dr. Ralf Sauer, LL.M., Head of Sector International at the DG JUST of the European Commission, and Dr. Mathias Lejeune, Senior Leagal Counsel to the LTX Airbus Group.

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