EU and US start work on enhanced Privacy Shield: Mr Schrems to be persuaded…
This article was published in August 2020 and reflects the regulatory position at that time. For current guidance on this topic, contact Bratby Law or see our latest insights.
Quick answer. The EU Commission and US Department of Commerce announced on 10 August 2020 that they had started talks on a successor to the invalidated Privacy Shield. Agreement was eventually reached in July 2023 as the EU–US Data Privacy Framework.
On 10 August 2020, Following the European Court’s Schrems II judgment invalidating the US Privacy Shield (and calling into question the legal basis for other transatlantic data transfers), the EU Commission and US Department of commerce issued a short, joint statement:
Editorial note (April 2026): The EU and US agreed the EU-US Data Privacy Framework in July 2023, replacing Privacy Shield. The UK Extension to the EU-US Data Privacy Framework was adopted in October 2023.
“The U.S. Department of Commerce and the European Commission have initiated discussions to evaluate the potential for an enhanced EU-U.S. Privacy Shield framework to comply with the 16 July judgement of the Court of Justice of the European Union in the Schrems II case. This judgement declared that this framework is no longer a valid mechanism to transfer personal data from the European Union to the United States.
The European Union and the United States recognise the vital importance of data protection and the significance of cross-border data transfers to our citizens and economies. We share a commitment to privacy and the rule of law, and further deepening of our economic relationship, and have collaborated on these matters for several decades.
As we face new challenges together, including the recovery of the global economy after the COVID-19 pandemic, our partnership will strengthen data protection and promote greater prosperity for our nearly 800 million citizens on both sides of the Atlantic.”
European Commission and US Department of Commerce, 10 August
While it remains to be seen what results from these discussions, further litigation cannot be ruled out. This is the initial twitter response of Mr Schrems:
“So the @SecretaryRoss and @EU_Justice are (A) working on changing US surveillance laws or (B) working on the third beating by the #CJEU?!”
Max Schrems, Twitter, 10 August
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