1 March 2016 – On 29 February 2016, the European Commission published the draft “adequacy decision” as well as the documents that will constitute the future EU-US Privacy Shield. The documents can be consulted at the website of the European Commission. The documents include the principles with which the data recipients in the United States (US) will have to comply (Privacy Shield Principles) as well at the commitments by the US government, including safeguards and limitations regarding access to personal data by public authorities in the US.

The draft “adequacy decision” will now be submitted to a committee of representatives of the EU Member States and the Article 29 Working Party before the College of the Commissioners will take its final decision. In the meantime, the US authorities will implement the necessary measures to put in place the EU-US Privacy Shield on the US side (which includes monitoring mechanisms and a new Ombudsman).

It is not yet known when the new EU-US Privacy Shield will eventually enter into force.

As mentioned, the new EU-US Privacy Shield arrangement between the EU and the US will not per se apply to personal data transferred from Switzerland to recipients located in the US. However, once the new EU-US Privacy Shield arrangement between the EU and the US is in place, we expect that Switzerland and the US will negotiate a similar separate arrangement for personal data transferred from Switzerland to recipients located in the US.