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On 13 April 2016, the “Article 29” Working Party (WP29) published its opinion on the draft adequacy decision for the transfer of data from the European Union to the United States (“Privacy Shield”). The opinion of the WP29 expresses several reservations, in particular concerning commercial aspects and access to data by public authorities. Thus, Data Protection Authorities ask the European Commission to find a solution to these problems, so that the protection in the United States can indeed be considered as “essentially equivalent” as in the European Union.
It is now up to the “Article 31” Committee of the Council to give its opinion on the “Privacy Shield”. On its side, the Commission declared that it would analyse in detail the opinion of the WP29 but that it still planned to set up this new tool by June.