• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
easy GDPR - we make compliance with GDPR easy

easyGDPR

We make implementing General Data Protection Regulation Easy

  • Home
  • Services
    • Software
      • Quick Check
      • Starter
      • Standard
      • Data Subject Requests
      • Sophos
    • IT Security
    • network checkup
    • SME digitization funding
    • Data protection consulting
      • Data protection
      • Cybersecurity
    • Training
      • Data protection
      • Cybersecurity
  • Partner
    • Resellerprogramm
    • Affiliate programm
  • GDPR
    • GDPR News
    • FAQ
    • GDPR Decisions
    • GDPR Fines
    • GDPR legal text
  • Shop
  • Contact
    • Contact
    • Newsletter registration
  • Login
    • Shop / Affiliate Program
    • easyGDPR Software
  • English
  • German

EU-US Privacy Shield

29/10/2018 by Andreas Schindler

The EU-US Privacy Shield is an informal agreement in the data protection field that has been negotiated from 2015 until 2016 between the European Union and the United Nations of America. It consists of a number of confirmations of the US-American Federal Government and a resolution from the European Commission. The Commission has decided on July 12th, 2016 that the standards of the Privacy Shield correspond to data protection level of the European Union, since then the agreement can be deployed.

The agreement manages the protection of personal data that is being transferred from a member state of the European Union to the USA. The agreement has become necessary after the European Court has abrogated the until then deployed International Safe Harbor Privacy Principles of the European Commission in October 2015.

As a result of the GDPR, transferring data to international organisations or third countries is only possible by complying to restrictions. (DSGVO Articles 44-50).

In order to be able to transfer data, the recipient has to fulfil the following points:

  • He has to be located in the EU or EEA,
  • He has to be located in a country for that an European Union Decision certifies an equivalent data protection level,
  • He has to use binding corporate rules according to article 47,
  • He has to use standard data protection terms approved by the EU (Article 93 paragraph 2,
  • He has to use codes of conduct approved by the EU according to article 40 and suitable warranties and
  • He has to have submitted to a certification mechanisms approved by the EU according to article 42.

In November 2018 we still don’t have these standard data protection terms, certifications and codes of conduct.

Generally, it is only possible for the USA to transfer data to organisations that have submitted to the EU-US Privacy Shield.

You can check which organisations have submitted to the Privacy Shield on the Privacy Shield Website. The Privacy Shield differences between HR data (personnel data) and non-HR data. Dropbox for example, only allows non-HR data.

Microsoft, Amazon and Dropbox are certified under the Privacy Shield and therefore data transfer is possible. Apple is not certified under the Privacy Shield and therefore the Apple Cloud is not allowed to be used in organisations. Facebook is also certified under the Privacy Shield. However, the usage of WhatsApp in an organisation is still problematic.

For Switzerland there is an US-Swiss Privacy Shield that works just like the EU-US Shield. The information about the US-Swiss Privacy Shield is on the same website as the EU-US Shield.

Category iconFAQ

Primary Sidebar

IT-Security Whitepaper Downloaden
  • English
  • German
  • Data Protection Statement
  • Terms and Conditions
  • Imprint
  • Licence terms for easyGDPR
  • GDPR terms
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept", you consent to the use of ALL the cookies.
SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

functionality

Diese Art von Cookies erhöht die Benutzerfreundlichkeit unserer Website. Beispielsweise wird darin die von Ihnen ausgewählte Sprache gespeichert. Auch die Verfügbarkeit von Videostreams und sonstigem Inhalt kann von diesen Cookies abhängig sein. Wenn Sie diese Cookies ablehnen, ist die Benutzerfreundlichkeit eingeschränkt.

Save & Accept