Following the news that the European Data Protection Supervisor (EDPS) said that Privacy Shield needs "significant improvements", Mishcon de Reya Data Protection Partner Adam Rose commented:

"It is unsurprising that the latest proposal for the secure transfer of data from the EEA to the US – the 'Privacy Shield' – is being treated with caution. Following the high profile breakdown of the Safe Harbor agreement in the European Court of Justice last year, where it became evident that the formerly largely unknown National Security Agency (NSA) could access all personal data in the US, it is more important than ever that this agreement is seen to be air tight.

"Privacy Shield, as it stands, will give data subjects no more protection than Safe Harbor did, and for the same reasons is why, I believe, the ECJ will also rule against the efficacy of the model clauses. This has become even more likely following the comments from the European Data Protection Supervisor (EDPS) watchdog. Without a workable Privacy Shield, there is no real solution in sight. How to ensure data privacy in the transfer of data outside the EEA is a complex and difficult question, evidenced by the fact that the recently adopted General Data Protection Regulation (GDPR) did not fully set out a solution. As a result, international firms face indefinite uncertainty."

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