On 18 October 2017, the European Commissioner for Justice, Consumers and Gender Equality presented the European Commission’s report on the first annual review of the EU-US Privacy Shield. The report reflects the Commission’s findings on the implementation and enforcement of the EU-US Privacy Shield framework in its first year of operation.

On the whole, the report outlines that in its first year of operation, the Privacy Shield ensured adequate protection and safeguards for personal data transferred from the EU to the US. Nonetheless, the Commission highlighted that there was still room for improvement and issued key recommendations to US authorities.

The Commission’s recommendations include a call on the US administration to confirm its political commitment to appoint a Privacy Shield Ombudsperson. Further, they recommend that the US Department of Commerce (DOC) conduct searches for false claims of participation in the Privacy Shield and that companies should not be allowed to make public representations about their Privacy Shield certification before the DOC has finalised the certification and included the company on the Privacy Shield list.