Wicker, Moran call for new framework to replace invalidated EU-U.S. Privacy Shield

U.S. Sens. Roger Wicker (R-MS) and Jerry Moran (R-KS) expressed concerns regarding the recent invalidation of the European Union-United States Privacy Shield, a framework for regulating transatlantic exchanges of personal data for commercial purposes between the EU and the U.S.

“The economic effect of invalidating the EU-U.S. Privacy Shield, particularly on small and medium-sized businesses, is troubling,” they said in their joint statement. “This would cause significant disruptions to data transfers and trade activity between the EU and the United States.”

The Court of Justice of the EU on July 16 struck down the EU-U.S. Privacy Shield, which provides a method for companies to transfer personal data to the U.S. from the EU in compliance with EU data protection requirements and in support of transatlantic commerce, according to the senators’ statement released on July 17.

“We need to work quickly to establish a successor framework that supports economic development and adequately protects consumer data across borders,” said Sen. Wicker, chairman of the U.S. Senate Commerce, Science, and Transportation Committee, and Sen. Moran, chairman of the committee’s Subcommittee on Manufacturing, Trade, and Consumer Protection.

According to the Privacy Shield program website, the decision does not relieve participants in the EU-U.S. Privacy Shield of their obligations under the EU-U.S. Privacy Shield Framework.

“The U.S. Department of Commerce will continue to administer the Privacy Shield program, including processing submissions for self-certification and recertification to the Privacy Shield Frameworks and maintaining the Privacy Shield List,” according to the Privacy Shield program, which is administered by the Commerce Department’s International Trade Administration.