What does this cover?

On 23 October, Julie Brill, the US FTC Commissioner, gave a Keynote Address (the Address) at the Amsterdam Privacy Conference entitled 'Transatlantic Privacy After Schrems: Time for An Honest Conversation'

In her Address Brill expressed support for improving existing data protection laws in the US, whilst highlighting the importance of ensuring EU bodies acknowledge the protections already provided by US privacy law. The Address discussed the "transparent" nature of the Safe Harbor regime and expressed concern that other data transfer methods could not offer comparable levels of transparency.

The US Department of Commerce has commented that it will continue to administer the Safe Harbor regime. The comments made in Brill's Address indicate the FTC are strongly in favour of negotiating for a new Safe Harbor 2.0 regime.

To view the full text of the Address, please click here.

What action could be taken to manage risks that may arise from this development?

None – for interest.

Companies should continue to monitor developments in this area.