Privacy Shield 2.0 on the Horizon | Regulatory Rumblings | Blogs | ANA

Privacy Shield 2.0 on the Horizon

April 11, 2022

By Lisa Brown Shosteck

Big news was announced recently that thousands of small, mid, and large-sized global marketing companies have been waiting nearly two years to hear – a new framework for trans-Atlantic data flows has been reached. Although the finer details of the agreement have yet to be worked out, we are reviewing President Joe Biden and European Commission President Ursula von der Leyen’s announcement and fact sheet and applaud their commitment in taking this giant step forward through this renewed commitment to U.S.-European data flows.

Many U.S. companies have been in a state of legal limbo since July 2020 when EU’s top court – the EU Court of Justice of the European Union – struck down the Privacy Shield agreement which enabled a legal means for companies to transfer data between the EU and the United States. Privacy Shield was declared invalid mainly due to EU concerns about potential U.S. government surveillance and access to EU citizens’ data.

It has been a top priority for the Biden Administration to reach a new agreement, and we appreciate the hard work and efforts from negotiators in the U.S. and EU who have been working tirelessly to resolve the differences to provide an effective redress by U.S. authorities.

Their support and clear understanding of the importance of data flow between our countries was clearly expressed:

EC President Ursula von der Leyen said: "I am pleased that we found an agreement in principle on a new framework for transatlantic data flows. This will enable predictable and trustworthy data flows between the EU and U.S., safeguarding privacy and civil liberties."

President Joe Biden said the framework would allow the EU "to once again authorize transatlantic data flows that help facilitate $7.1 trillion in economic relationships."

As we learn more about the new agreement and how it specifically impacts the Privacy Shield program, we will keep you informed. The ANA continues to provide services in support of international companies, both members and nonmembers, who are interested in participating in the Privacy Shield program.

The ANA Privacy Shield Program is an enhanced, value-added program which provides mediation services, knowledge-sharing opportunities, and updates:

  • Serves as an approved mediator for your company’s cross-border data transfer needs by offering the safeguards and protection to handle any potential unresolved data privacy complaint.
  • Monthly ANA Privacy Shield Alerts to receive the latest updates on relevant and timely news and events.
  • ANA Ethics Policy Committee to learn the latest ethical marketing trends, best practices and regulations affecting marketers.

Please view the ANA Privacy Shield Program or contact staff for more information.

Lisa Brown Shosteck is a Consulting Director, ANA Center for Ethical Marketing & ANA Privacy Shield Program.

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