Declaration adopted by the Article 29 Working Party
On the 3rd February 2016 a Declaration on the transfer of personal data to the United States was adopted within the plenary meeting of the Article 29 Working Party, following an announcement made by the European Commission on the conclusion of the negotiations with the USA.
The Article 29 Woking Party welcomes the conclusion of the arrangements referring to the “EU-US Privacy Shield” and underlined that the four important guarantees which must be observed in the case of the transfer of data to third countries, in the light of EU Court of Justice decision in the Schrems case.
We remind the fact that on the 6th October 201, the Court of Justice of the European Union declared as invalid the Decision200/520/EC issued by the European Commission and which established that an adequate level of protection is ensured in the case of the transfer of personal data from EU member states to the United States of America, as result of an adherence to the Safe Harbour principles.
Therefore, after the decision of the ECJ was pronounced, personal data may only be transferred to the USA on the basis of the other guarantees provided by article 29 paragraph (4) of Law no. 677/2001 (standard contractual clauses, binding corporate rules – BCRs), as well as in the cases provided under article 30 of Law no. 677/2001.