Sports Despite the tilted Privacy Shield: data transmission to the USA continues

00:10  29 september  2020
00:10  29 september  2020 Source:   t3n.de

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Welcome to the Privacy Shield . Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring

The EU–US Privacy Shield was a framework for regulating transatlantic exchanges of personal data for commercial purposes between the European Union and the United States .

Große Tech-Konzerne stehen vor einer komplizierten Rechtslage. © Fure / Shutterstock.com Large tech companies are facing a complicated legal situation.

The end of the EU-US data protection agreement has raised complex legal issues. Tech companies have apparently not yet found the answers and are continuing as before.

Although the European Court of Justice has overturned the Privacy Shield, many tech companies have not yet adapted their data transfers to the changed situation. The data protection association Noyb asked the data protection officers and customer services of 33 corporations how they deal with international data transfers.

Judgment not yet implemented

"The answers range from detailed explanations, to confessions that the companies have no idea of ​​the situation, to shockingly aggressive denials of the law," said Max Schrems, Chairman of Noyb, according to press release .

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Privacy Shield Framework to receive personal data from the United Kingdom in light of the UK’s withdrawal from the EU? During the Transition Period, the European Commission’s decision on the adequacy of the protection provided by Privacy Shield will continue to apply to transfers of personal

Retain such data , continue to apply the Privacy Shield Principles to such data , and affirm to the Department on an annual basis its commitment to Pay a 0 fee for each applicable Privacy Shield framework to the ITA. Change in Corporate Status: If your organization wishes to withdraw from the

Following a lawsuit by Max Schrems, the ECJ overturned the EU-US data protection agreement Privacy Shield in July. The agreement therefore did not comply with European data protection law, because US authorities such as the NSA and the FBI could access data from European users without them being able to do anything about it.

Conditions are not met

In response to Noyb's request, several companies now wrote that they would transmit data on the basis of standard contractual clauses (SCCs), which are still permitted after the judgment. However, they would also have to check in the target country whether European data protection law is being complied with.

This requirement is not met, says Noyb. For example, Microsoft claimed that it could continue to transmit personal data to the USA. In fact, Microsoft is transferring data to the US government, which is contrary to European law.

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upon which they certify to the Privacy Shield . During that interim period, where organizations transfer data to a third party, they shall (i) apply the h. When an organization leaves the Privacy Shield for any reason, it must remove all statements implying that the organization continues to participate in

EU-US Privacy Shield is a framework for adherence to European Union data protection laws for companies that deal with the private data of E.U. citizens that is transferred to the United States .

“No plan how to proceed”

Noyb has received no answers from some companies, including Airbnb, Netflix and Whatsapp, although users have a right to them according to the GDPR, according to Schrems.

Others did not respond directly to the questions asked. For example, Slack didn't make it clear whether surveillance laws could enforce data disclosure. Amazon wrote that it is still examining the effects of the ruling.

“It seems that most of the companies still have no plan how to proceed. Other companies simply deny the ECJ ruling, ”said Schrems.

More on the topic:

Privacy-Shield tilted: Companies need to know that now

Privacy-Shield tilted: EU-US data transfer is illegal in many cases

Because of data transfer to US corporations: Complaints against 101 European companies

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This is interesting!