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Data Privacy Sector

EU legislation:

The EU is currently finalizing the adoption of the General Data Protection Regulation (GDPR). The GDPR constitutes a review of the EU’s previous data protection legislation adopted in 1995, the Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The text of the Directive 95/46/EC can be found here: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31995L0046&from=EN

Important note: The GDPR while formally adopted will only apply two years after official publication, sometime in early 2018.

For general inquiries about EU data privacy legislation, please send an email to: office.brusselsec@trade.gov.

U.S.-EU Safe Harbor / EU-U.S. Privacy Shield

On February 2, 2016, the Department of Commerce and the European Commission’s Directorate General for Justice concluded the EU-U.S. Privacy Shield, a new framework that companies will be able to use for commercial data transfers from the European Union to the United States. The need for this agreement was necessitated by a recent European Court of Justice that adversely impacted the ability of companies to use the U.S.-EU Safe Harbor Framework for commercial data transfers.

This agreement will need to be validated by the EU through a number of procedural steps that will include the Member States before taking effect.

Secretary Pritzker’s announcement

For information about the U.S.-EU Safe Harbor Framework, please consult the following website: http://export.gov/safeharbor/eg_main_018244.asp


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