Peter, Stan, and Katherine covered developments leading up to the release of the draft Privacy Shield Text on February 29. Topics discussed included comparisons to the EU-US Safe Harbor, new enforcement mechanisms, more detailed notice requirements, and new rules for transfers to third parties.
Some of the key questions discussed included:
- Should companies that were previously self-certified to the Safe Harbor framework continue to maintain their Safe Harbor certification until the Privacy Shield framework becomes effective?
- How likely is it that the Art. 29 Working Party will approve the new Privacy Shield framework?
- Will Privacy Shield requirements be interpreted in accordance with European law and the interpretations of data protection authorities, or is there more room for interpretation?