ARTICLE
10 October 2016

Privacy Shield Update

M
Matheson

Contributor

Established in 1825 in Dublin, Ireland and with offices in Cork, London, New York, Palo Alto and San Francisco, more than 700 people work across Matheson’s six offices, including 96 partners and tax principals and over 470 legal and tax professionals. Matheson services the legal needs of internationally focused companies and financial institutions doing business in and from Ireland. Our clients include over half of the world’s 50 largest banks, 6 of the world’s 10 largest asset managers, 7 of the top 10 global technology brands and we have advised the majority of the Fortune 100.
As you will be aware from previous Matheson updates in our ongoing series relating to international data transfers...
Worldwide Privacy
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As you will be aware from previous Matheson updates in our ongoing series relating to international data transfers, the General Data Protection Regulation and privacy generally, the EU-US Privacy Shield (the "Privacy Shield"), which replaces Safe Harbour, was approved with effect from 1 August 2016. 

The Privacy Shield enables the legitimate transfer of personal data to a US-based organisation. The Privacy Shield operates under a system of self-certification through which US organisations agree to abide by specified privacy principles (the "Principles"), including in relation to notice, accountability for onward transmission to a third party, and recourse, enforcement and liability, thereby endowing personal data transfers from the European Economic Area to self-certifying entities with "essential equivalence" in terms of data protection. 

While an application for self-certification can be made at any time, there may be a benefit in doing so now, before 30 September this year. In general, the Principles will apply immediately upon self-certification. There is, however, a limited exception relating to the accountability for onward transfer principle in cases where an organisation already has pre-existing commercial relationships with third parties to which it transfers personal data. Provided that self-certification takes place before 30 September, the certifying organisation will be in a position to avail of an (up to) nine month transitional period with regard to its existing commercial arrangements with third parties.

Further reading on Data Protection:

The European Commission formally adopted the Privacy Shield framework on 12 July 2016, read our communication on the decision here.

On 6 October 2015, the Court of Justice of the European Union issued its ruling in the case of Schrems v Data Protection Commissioner.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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