The European Commission announced a new data transfer pact with the United States on Monday, seeking to end the legal uncertainty plaguing thousands of companies which transfer personal data across the Atlantic.
However, the move was immediately criticised by non-profit
group noyb, led by privacy activist Max Schrems, which said it would challenge
the agreement.
The Commission and the United States had been struggling to
reach a new agreement after Europe's top court annulled two previous pacts that
underpinned the transfer of personal data across the Atlantic for services
ranging from cloud infrastructure to payroll and banking.
The EU executive said measures taken by the United States
ensured an adequate level of protection for Europeans' personal data
transferred across the Atlantic for commercial use.
It said new binding safeguards, such as that limiting US
intelligence services' access to EU data to what is "necessary and
proportionate" and the setting up of a Data Protection Review Court for
Europeans, address the concerns raised by Europe's top court.
EU justice chief Didier Reynders said he was confident of
fending off any legal challenge.
"The principles of the data privacy framework are solid
and I am convinced that we have made significant progress which meets the
requirements of the European Court of Justice case law," he told a news
conference.
"I am very confident of fighting, defending the new
data agreement."
Schrems said the latest revision was inadequate.
"Just announcing that something is 'new', 'robust' or
'effective' does not cut it before the Court of Justice. We would need changes
in US surveillance law to make this work," he said in a statement.
"We have various options for a challenge already in the
drawer, although we are sick and tired of this legal ping-pong. We currently
expect this to be back at the Court of Justice by the beginning of next
year," Schrems added.
Lobbying group DigitalEurope, whose members include Airbus,
Amazon, Apple, Ericsson, Nokia, Philips and Samsung welcomed the deal.
"Data flows underpin the EU's annual EUR 1 trillion of
service exports to the United States, and this decision will give companies
more confidence to conduct business and help our economies to grow," its
Director-General Cecilia Bonefeld-Dahl said.
Earlier this year, EU privacy watchdog the European Data
Protection Board said the latest data agreement still fell short and urged the
Commission to do more to protect Europeans' privacy rights.
Europe's top court scuppered the previous two deals after
challenges by Schrems because of concerns about US intelligence agencies
accessing European citizens' private data. © Reuters