On July 16, 2020, U.S. Secretary of Commerce Wilbur Ross issued the following statement on Schrems IIcase ruling by the Court of Justice of the European Union, and the Importance of EU-U.S. Data Flows.

“While the Department of Commerce is deeply disappointed that the court appears to have invalidated the European Commission’s adequacy decision underlying the EU-U.S. Privacy Shield, we are still studying the decision to understand its practical impacts fully,” said Secretary Wilbur Ross. “We have been and will remain in close contact with the European Commission and European Data Protection Board on this matter and hope to limit the negative consequences to the $7.1 trillion transatlantic economic relationships that are so vital to our respective citizens, companies, and governments. Data flows are essential not just to tech companies but also to businesses of all sectors. As our economies continue their post-COVID-19 recovery, it is critical that companies—including the 5,300+ current Privacy Shield participants—can transfer data without interruption, consistent with the strong protections offered by Privacy Shield.”

The United States participated actively in the case intending to provide the court with a full understanding of U.S. national security data access laws and practices and how such measures meet. In most cases exceed, the rules governing such access in foreign jurisdictions, including in Europe.

The Department of Commerce will continue to administer the Privacy Shield program, including processing submissions for self-certification and re-certification to the Privacy Shield Frameworks and maintaining the Privacy Shield List. Today’s decision does not relieve participating organizations of their Privacy Shield obligations.

Source: Press Release
Thursday, July 16, 2020
Office of Public Affairs
International Trade Administration
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