Yesterday, the EU reported it had agreed in principle with the U.S. on a new trans-Atlantic data-transfer pact to replace Safe Harbor.

Justice Commissioner Vera Jourova stated: “There is agreement on these matters in principle, but we are still discussing how to ensure that these commitments are binding enough to fully meet the requirements of the court.” Ms. Jourova did not set a hard deadline for completing a new agreement, but stated she expects both sides to make significant progress on the remaining technical issues by midNovember, and that the commission wants the new agreement to comply “a hundred percent” with the court’s October 6 ruling.

According to Ms. Jourova the new framework will:

  • include stronger oversight by the U.S. Department of Commerce to ensure companies protect Europeans’ data, and greater cooperation between national data protection regulators and American authorities
  • better inform consumers about how companies are handling their personal data
  • establish free of charge redress mechanism
  • set strict rules for companies about the onward transfer of data to additional parties

Ms. Jourova noted that in the near future, the commission would issue a statement explaining the consequences of the Schrems ruling, and would provide guidance on international data transfers that do not override the authority of national data privacy regulators.