Member News

The EU-U.S. Privacy Shield officially adopted

The New York office of the Dutch law firm Houthoff Buruma offers clients and colleagues in the US selected news items about relevant legal developments in the Netherlands, the European Union and the Dutch Caribbean. Please email managing partner Helena Sprenger if you have any questions.

The EU-U.S. Privacy Shield officially adopted
On July 12, 2016 the EU-U.S. Privacy Shield was adopted by the European Commission, providing a new framework and legal basis for EU-U.S. personal data transfers. U.S. companies will be able to certify with the U.S. Department of Commerce from August 1, 2016 onwards. The Privacy Shield replaces the Safe Harbour Agreement which was declared invalid by the European Court of Justice on October 6, 2015. The Privacy Shield is based on the following principles: (i) strong obligations for companies handling data, (ii) clear safeguards and transparency obligations with respect to U.S. government access; (iii) effective protection of individual rights and (iv) an annual joint review mechanism.

Practical consequences
As of August 1, 2016 organizations can use the Privacy Shield to legally transfer personal data from the EU to the U.S. in addition to, or instead of, other transfer mechanisms for EU-U.S. personal data transfers, such as Binding Corporate Rules or the European Commission’s Standard Contractual Clauses.

Please contact Thomas de Weerd, Xander Menger or Jan Brölmann from Houthoff Buruma’s Privacy and Data Protection team for any questions regarding the Privacy Shield and the transfer of personal data to the US.: +31 (0)20 605 6985.

For questions regarding matters of Dutch law, please contact Helena Sprenger at our New York office at or (212) 403 6705.

Compliments of Houthoff Buruma – a member of the EACCNY