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May 26 2016

Hogan Lovells Issues Legal Analysis of the EU-U.S. Privacy Shield

In a thorough legal analysis of the EU-U.S. Privacy Shield framework, a report from Hogan Lovells says the framework would stand up in the Court of Justice of the European Union (CJEU), and that the true level of data protection afforded by the Privacy Shield framework will only be demonstrated by its functioning and the practices of its participants. The report provides an objective view of the new framework concerning transatlantic dataflows and includes a rigorous assessment of the Privacy Shield based on European jurisprudence. The Hogan Lovells analysis finds that the Privacy Shield Framework substantially meets the criteria for adequacy under Article 25(6) of the Data Protection Directive, as interpreted by the CJEU, and concludes that the framework provides an 'essentially equivalent ' level of protection for personal data transferred from the EU to the U.S.