self-certifying that they complied with a set of principles they were permitted to receive personal data from the EEA. Data flow forms an essential part of cross-Atlantic trade and considering the value of EU-US trade relationship, is it is no wonder both parties dedicated significant time, money and effort into the new Privacy Shield deal. Te Guardian reported back in July that the new framework will underpin over $250bn of transatlantic trade in digital services annually by facilitating cross- border transfers .
HOW DOES THIS AFFECT INDIVIDUALS? It's no secret that data is global. Every day we
click ‘yes’ or ‘I agree’ to a raft of terms of conditions enabling us to buy goods and services, or simply have access to different websites. Hidden away in these terms there is most likely a section asking you to consent to your data being sent wherever the service provider needs or requires your data to be sent. Whenever you buy goods or services online, play a game, or scroll through social media your data may be collected in the EU by a branch or partner of an American company, to be transported to the US. It does not matter if you are a citizen of an EU country; if you are resident in the EU, your data is protected by EU law and you should care about what companies are doing with your data once they get it.
SO HOW DOES THE SHIELD WORK? Te Shield is made up of seven core and 16
supplemental Privacy Principles as well as additional official representations and commitments (in the form of signed letters) by
various US authorities, including the Secretary of State, Secretary of Commerce, the Federal Trade Commission ("FTC") and the Office of the Director of National Intelligence, amongst others. Te Principles aim to reflect the core principles of EU data protection legislation. Te Principles themselves are essentially the criteria each self-certifying organisation must meet, whilst the representations and commitments constitute the promises the US is willing to adhere to in order to maintain the “adequate” level of protection the European Commission requires. Te core principles are:
1. Notice - what, who, when, how, why: companies must tell users upfront what personal data is being collected and how it will be processed.
2. Choice - EU users must have the right to object to the disclosure of their personal data to third parties and must always have the option to opt out of direct marketing and such disclosures.
3. Accountability for Onward Transfer - Shield- certified companies will face strict obligations for sharing data with third parties.
4. Security - data must be protected using "reasonable and appropriate" security measures.
5. Data Integrity and Purpose Limitation - do what you say; say what you mean: data must only be used for the purpose for which it was collected.
6. Access - EU users should be able to access their data without justification and be able to amend it as necessary.
7. Recourse, Enforcement and Liability - Shield-
Shield-certified companies must describe in their privacy policies how they comply with the Shield's Principles and provide users with information on their rights, enforcement bodies and complaint avenues
certified companies have to provide a suite of options for individuals who wish to complain about either a company's misuse of data collected or the US government's access to or surveillance of personal data.
PROS l Te Devil is in the Detail. Shield-certified
companies must clearly describe in their privacy policies how they comply with the Shield's Principles and provide users with clear information on their rights, relevant enforcement bodies and appropriate complaint avenues; this includes appointing an alternative dispute resolution provider.
l A Problem Shared is a Problem Halved. Shield-certified companies can only transfer personal data to third parties for limited, specified purposes and such onward transfers must be carried out within the scope of the purpose(s) for which such personal data was originally collected unless the EU user agrees to additional purpose(s).
NEWSWIRE / INTERACTIVE /
247.COMP121
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