European Parliament has approved a Resolution that sets out Privacy Shield suspension on the 1st of September 

On July 5th 2018, the European Parliament has approved Resolution no. 2018/2645(RSP)  which sets out a deadline for the United States of America (US) to revise "Privacy Shield", in order to make it compliant with the level of adequacy and protection required by the legal  patterns of privacy and integrity in force in the European Union {EU) in what concerns personal data. Therefore, if by September 1st 2018 the USA does not reach the levels of  adequacy demanded by EU, "Privacy Shield" will be suspended. 

The "Privacy Shield" is an adequacy decision that, pursuant to article 45th of Regulation (EU) no 2016/679, of April 27tJ> 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (commonly known as "General Data Protection Regulation" or "GDPR"), confirms the US ensure an adequate level of protection in what concerns to the transfer of personal data imported from the European Economic Area (EEA). This decision allows organizations to transfer freely their personal data from the EU to the US without the need of adopting any additional appropriate safeguards.

The European Parliament grounds its resolution in arguments that where already showed in a recent past by several EU official entities. The lack of objectivity and transparency of the Privacy Shield text, and the obvious lack of interest from the official entities of the US in complying with the EU demands in what concerns data protection are the main reasons hereof. As relevant examples: Opinion 04/2016, of the European Data Protection Supervisor dated of May 30th 2016, the Report from the Commission to the European Parliament and the Council of October 18th 2017, the Article 29 Working Party (WP29) Document entitled MEU-US Privacy shield - First annual Joint Review" of November 28th 2017, the letter of response also from the WP29 on the reauthorisation of Section 702 of the US Foreign Intelligence Surveillance Act {FISA) and the Resolution of the European Parliament on the adequacy of the protection afforded by the EU-USA Privacy Shield of April Glh 2017. 

Without limiting, the European Parliament is concerned with the following:

a) The compliance by all the USA public authorities with all legal requirements regarding data protection, such as an higher level of transparency over the adopted criteria in acceding to personal data obtained in the EEA;

b) The lack of powers and of independence from the Om buds person mechanism set up by the US Department of State, which is clearly insufficient to ensure an effective and EU compliant protection in what concerns data protection issues;

c) The absence of a public authority empowered to receive data protection complaints; 

d) The clarification and concretization of the "National Security" definition as set out in the current Privacy Shield text. 

The US shall make all efforts to bring forward to the European Commission measures that ensure the adequacy of Privacy Shield to the European standards in respect to data protection before September 1 n 2018. If not, all transfers of personal obtained in the EEA to the US lawfully grounded by Privacy Shield may no longer be licit and lawful, enforcing organisations to implement additional appropriate safeguards.