Sweeping statements made in an Executive Order issued five days into the Trump administration have cast doubt on the legal status of the EU-US Privacy Shield and have caused at least one highly-placed EU politician to challenge its continued legal viability. While it is not clear that the language used in the 25 January 2017 Executive Order fully supports the dire conclusions some have reached, perception may be as important as reality in this context, particularly given the on-going challenges to the Privacy Shield in the EU and the highly-charged US-EU atmosphere following President Trump's 20 January inauguration.
Data transfers are the lifeblood of business in a global market. Consequently, any uncertainties concerning the lawfulness of international transfers of personal data pose a significant commercial risk to US and EU businesses that operate internationally.
This article reviews the challenges Brexit poses to the Privacy Shield, the potential for new data transfer regulations between the US and UK, and how all these shifts could impact your business.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.