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March 9, 2016

09 March 2016

The EU-U.S. Privacy Shield Is a Victory for Common Sense and Transatlantic Good Will

*This post originally appeared in the Council on Foreign Relations’ Net Politics Blog on March 1, 2016.

When the Court of Justice of the European Union (CJEU) struck down Safe Harbor last year, it did so on the basis that the European Commission had not determined whether European data transferred to the United States enjoyed the same protections as in the European Union. Despite the fact a recent Sidley Austin report found that many U.S. privacy protections are essentially equivalent—if not stronger—than the European Union’s in national security matters and comparable in other areas, the Commission clearly needed to replace Safe Harbor with something else to satisfy the CJEU and domestic privacy activists.

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