An update from the Privacy Shield Program as published by the International Trade Administration
Can a Privacy Shield participant rely on the EU-U.S. Privacy Shield Framework to receive personal data from the United Kingdom in light of the UK’s planned withdrawal from the EU?
The United Kingdom (UK) has notified the European Union (EU) of its intention to withdraw from the European Union on March 29, 2019. In order to receive personal data from the UK in reliance on the EU-U.S. Privacy Shield Framework (“Privacy Shield” or “the Framework”), Privacy Shield participants must update their Privacy Shield commitments by the Applicable Date, as explained below, depending on how the UK and the EU implement the withdrawal.
Scenario (1) “Transition Period”: The UK and EU have preliminarily agreed that from March 30, 2019 until December 31, 2020, a Transition Period will take place during which EU law, including EU data protection law, will continue to apply to and in the UK. During the Transition Period, the European Commission’s decision on the adequacy of the protection provided by Privacy Shield will continue to apply to transfers of personal data from the UK to Privacy Shield participants. During the Transition Period, the United States will consider a Privacy Shield participant’s commitments to comply with the Framework to include personal data received from the UK in reliance on Privacy Shield with no additional action on the part of a participant required.
Privacy Shield participants seeking to receive personal data from the UK in reliance on the Privacy Shield after the end of the Transition Period must take the steps below by the Applicable Date of December 31, 2020. The Department of Commerce encourages Privacy Shield participants to use the Transition Period as an opportunity to update their privacy policies.
Scenario (2) “No Transition Period”: In the event that the UK and the EU do not finalize an agreement on the Transition Period, Privacy Shield participants receiving personal data from the UK in reliance on the Privacy Shield must take the steps below by the Applicable Date of March 29, 2019.
Updates by the Applicable Date:
To receive personal data from the UK in reliance on Privacy Shield in the case of no Transition Period, or after the Transition Period, a Privacy Shield participant will be required to adhere to the following:
An organization that does not modify its commitment as directed above will not be able to rely on the Privacy Shield Framework to receive personal data from the United Kingdom after the Applicable Date (either March 29, 2019 if there is no Transition Period or December 31, 2020, at the end of the Transition Period).
After the Applicable Date, an organization that has publicly committed to comply with Privacy Shield with regard to personal data received from the UK and that has committed to cooperate and comply with the EU Data Protection Authority panel under the Framework will be understood to have committed to cooperate and comply with the UK Information Commissioner’s Office (ICO) with regard to personal data received from the UK in reliance on Privacy Shield.
- Urgent Message: Privacy Shield Notices Need Updating Before No-Deal Brexit Withdrawal Date
- The U.S. Department of Commerce Privacy Shield List