European developments July 2016

The European Commission adopted the EU-U.S. Privacy Shield which “protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States as well as bringing legal clarity for businesses relying on transatlantic data transfers.” From the related FAQs:

“The new arrangement will impose stronger obligations on companies in the U.S. to protect the personal data of individuals and stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission (FTC), including an increased cooperation with the European Data Protection Authorities. The new arrangement includes written commitments and assurance by the U.S. that any access by public authorities to personal data transferred under the new arrangement on national security grounds will be subject to clear conditions, limitations and oversight, preventing generalised access. The newly created Ombudsperson mechanism will handle and solve complaints or enquiries raised by EU individuals in this context.”

The EU-U.S. Privacy Shield reflects the requirements set out by the European Court of Justice in its ruling of 6 October 2015, which declared the old Safe Harbour framework invalid. Also see this previous announcement from February 2016.

The eIDAS (electronic identification and trust services for electronic transactions in the internal market) Regulation came into effect at the beginning of this month in support of the Digital Single Market:

“From 1st July, people, businesses and public administrations will be able to carry out convenient, secure and legally valid electronic transactions across borders. EU rules on electronic signatures, electronic seals, time stamps, electronic delivery service and website authentication, as well as electronic documents apply directly across the 28 Member States. For example, an electronic signature will be recognised in the same way as a written one, across the EU. Cross-border digital transactions will be more convenient and more secure in a Digital Single Market.”

Also see this European Commission daily news update and more information about the EU trust mark. Network World reported on the Cloud Signature Consortium’s view that while the new rules will simplify the legal environment, today's technical environment makes it too difficult to create and manage digital identities securely.