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U.S. NEWSWednesday 3 February

EU and U.S. reach new data-sharing agreement 

PAN PYLAS                        Electronic screens post prices of Alphabet stock, Monday, Feb. 1, 2016, at the Nasdaq MarketSite                                      She estimated it could take
LORNE COOK                       in New York. Alphabet, the parent company of Google, reports quarterly earnings Monday.                                               up to three months to make
Associated Press                                                                                                                                                       the deal binding, while U.S.
BRUSSELS (AP) — The Euro-                                                                                                                            Associated Press  Secretary of Commerce
pean Union and the United                                                                                                                                              Penny Pritzker said she ex-
States struck a deal Tues-       the century.                    pact was invalid because        Vera Jourova, the Europe-                                             pected it to be in effect in
day over data-sharing that       “This solution is much better   it did not adequately pro-      an Commissioner for Jus-                                              a matter of weeks. Pritzker
will allow the likes of Face-    than the one we had in the      tect consumers where            tice, said the deal is a land-                                        said “it’s been a long road
book and Apple to contin-        year 2000,” he said.            their data was stored in        mark as for the first time                                            but we’ve turned the cor-
ue sending people’s infor-       Under the new deal, there       the U.S., in light of the spy-  ever the U.S. has given the                                           ner.”
mation across the Atlantic.      will be an annual joint re-     ing revelations made by         EU “binding assurances”                                               Industry groups heralded
The sides had been trying to     view of the data-sharing        Edward Snowden, a for-          that the access of pub-                                               the new deal, which they
forge an agreement since         pact, with the first expect-    mer contractor at the U.S.’s    lic authorities for national                                          called critical because of
October, when Europe’s           ed sometime next year.          National Security Agency.       security purposes “will be                                            the role cross-border data
top court struck down the        The U.S. has also promised      Snowden’s revelations had       subject to clear limitations,                                         flows play in the modern
previous pact — known as         to appoint a new official       prompted the complaint to       safeguards and oversight                                              economy.
Safe Harbor — amid con-          — a so-called ombudsman         the court from an Austrian      mechanisms.”
cerns that Europeans’ per-       based at the State Depart-      law student, Max Schrems.       Also for the first time, she                                          “We welcome the agree-
sonal data stored by com-        ment — responsible for fol-     The pact, which had been        said EU citizens will benefit                                         ment, which will provide
panies in the U.S. might be      lowing up on complaints         used by around 4,500 com-       from “redress mechanisms”                                             strong privacy safeguards
exposed to spying by U.S.        upon referral from EU data      panies, had allowed the         in this area.                                                         for consumers and legal
intelligence agencies.           protection officers.            easy transfer of data from      “The U.S. has assured that it                                         certainty for the thousands
                                                                 the EU by having U.S. com-      does not conduct mass or                                              of companies that depend
The new deal, once put in        “It’s Safe Harbor with teeth,”  panies promise to provide       indiscriminate surveillance                                           on trans-Atlantic data
place, potentially brings        said Dyann Heward-Mills,        privacy protections equiva-     of Europeans,” she said.                                              flows,” said Christian Borg-
an end to a period of un-        Head of Data Protection         lent to those in the EU. The    Jourova added that she’s                                              green, international policy
certainty that had raised        at London-based legal firm      EU court’s ruling that the      confident that the new ar-                                            director at the U.S.-based
the prospect of legal chal-      Baker & McKenzie. “I think      pact was invalid opened         rangements will withstand                                             Computer & Communica-
lenges by individuals across     this is good for business cer-  up the possibility that data    any future court challeng-                                            tions Industry Association.
the 28-country EU worried        tainty and consumer trust.”     privacy officers across the     es as the discussions used                                            Others were a bit more
about privacy.                   In its October decision, the    EU might be inundated by        the court ruling to help “in                                          cautious.
“Our people can be sure          European Court of Justice       complaints by consumers         the formulation of the new                                            Sophie in’t Veld, spokesper-
that their personal data is      declared the Safe Harbor        worried about their privacy.    structure.”                                                           son for data protection for
fully protected,” said An-                                                                                                                                             the ALDE alliance of liberals
drus Ansip, the European                                                                                                                                               in the European Parliament,
Commissioner responsible                                                                                                                                               said a legal appraisal of the
for the digital single market.                                                                                                                                         safeguards offered by the
“Our businesses, especially                                                                                                                                            U.S. is needed.
the smallest ones, have the                                                                                                                                            “It is highly doubtful that
legal certainty they need                                                                                                                                              they offer meaningful pro-
to develop their activities                                                                                                                                            tection to European citi-
across the Atlantic.”                                                                                                                                                  zens, or if they meet the
Ansip said the new frame-                                                                                                                                              standards set by the Euro-
work, which will be known                                                                                                                                              pean Court of Justice,” she
as EU-US Privacy Shield, will                                                                                                                                          said.
ensure the “right checks                                                                                                                                               She noted that the assur-
and balances” for Euro-                                                                                                                                                ances seem to rely exclu-
pean citizens and added                                                                                                                                                sively on political commit-
that it “offers significant im-                                                                                                                                        ment, instead of legal acts
provements” to the previ-                                                                                                                                              so “any change in the po-
ous deal, which had been                                                                                                                                               litical constellation in the
struck in the early days of                                                                                                                                            U.S. may undo the whole
the Internet at the turn of                                                                                                                                            thing.”q
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