On the other hand, the ECJ has validated the EU`s standard contractual clauses. The Court found that the EU`s standard contractual clauses contain in principle an effective mechanism which, in practice, can guarantee compliance with the European level of data protection. However, it is necessary to check, on a case-by-case basis, whether the legislation of the third country of destination, in accordance with EU law, adequately protects personal data transmitted on the basis of standard contractual clauses and, if so, whether they offer more guarantees than those provided for by these clauses. The transfer of personal data to a third country on the basis of standard contractual clauses may be suspended or prohibited if the recipient of the transfer does not comply or cannot comply with these clauses. Companies must now review their data protection contracts with respect to the legal basis for a transatlantic data transfer. Since the EU-US data protection agreement is the only legal basis, companies need to switch to alternatives. The full text of the US-EU Agreement on the Protection of Personal Data in the Context of The Prevention, Investigation, Detection and Prosecution of Criminal Offences (Umbrella Agreement) was first published by Statewatch. On 14 September 2015, the European Parliament published the unofficial version of the agreement. EPIC follows the publication of the document by U.S.

and European agencies. The European Commission (EC) is responsible for assessing whether a country outside the EU has a legal framework that provides sufficient protection to enable it to obtain a `relevance report`. The United States has never sought to be deemed sufficient by the EC. This means that US companies can only receive personal data from the EU if they are: the EU-US data protection shield was a framework for regulating the transatlantic exchange of personal data between the European Union and the US. [1] One of their objectives was to enable US companies to facilitate the receipt of personal data from EU agencies, in accordance with EU data protection legislation, in order to protect EU citizens. [2] The EU-US Data Protection Shield replaced the Safe Harbor International Privacy Principles, which were invalidated by the European Court of Justice in October 2015. [3] The ECJ cancelled the EU-U.S. Data Protection Shield on July 16, 2020 (see legal challenge below).

[4] ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules_en On January 25, 2017, U.S. President Donald Trump signed an executive order entitled “Enhancing Public Safety” which states that U.S. privacy is not extended beyond U.S. citizens or residents: for companies with data users in the EU and the UNITED States, user privacy laws differ. Tom Merritt lists five things to know about data protection between the EU and the US. “Restrictions on the protection of personal data arising from U.S. national law… are not described in a way that meets the requirements.┬áThe ECJ invalidates the EU-US data protection shield. The ECJ justified its decision by the fact that not only U.S.

companies, but also the U.S. Secret Service have full access to the personal data transmitted and its use.