On 29 February 2016, the European Commission published the draft of the transatlantic data protection agreement the ("Privacy Shield") that will replace the existing "Safe Harbour" framework. The supporters of the agreement claim that the "shield" will ensure the adequate protection of European personal data on the American continent. The agreement has been immediately criticized for containing only minor changes and not addressing the fundamental  issues of personal data exchange between  the  continents. One of the problems lies in the US government's insistence on the right to use personal data for the purposes of "national security". This implies the right to collect and store any personal data without the consent of the subject.

Negotiations between the EU and the US are still ongoing, while the conclusion of the agreement is expected in spring 2016 still. The agreement should enter into effect within two years of its conclusion.