Seville Agreement and Supplementary Measures

June 25, 2023 By Admin

The Seville Agreement, also known as the EU-US Privacy Shield, is a framework that was put in place to help regulate the transfer of data between companies in the United States and European Union. The agreement was initially reached in July 2016 as a replacement for the Safe Harbor agreement, which had been struck down by the European Court of Justice.

The Privacy Shield was designed to provide companies with clear guidelines for transferring data across the Atlantic while providing EU citizens with greater control over their personal information. The agreement requires companies to self-certify that they meet certain data protection standards, and the US Department of Commerce oversees compliance.

To meet the standards required for self-certification, companies must commit to a range of measures, including providing EU citizens with privacy notices, ensuring transparency around data processing, and providing clear opt-out mechanisms for individuals. Companies must also implement appropriate security measures and appoint an independent recourse mechanism to handle complaints from EU citizens.

In addition to the Seville Agreement, supplementary measures have been introduced to further strengthen data protection. These measures include Binding Corporate Rules, which allow multinational companies to transfer personal data across different entities within their organization. The European Commission has also adopted standard contractual clauses that provide a framework for data transfers between companies.

However, recent events have cast doubt on the future of the Seville Agreement. In July 2020, the European Court of Justice struck down the Privacy Shield, stating that it did not adequately protect EU citizens` personal data from US government surveillance. While the US Department of Commerce has stated that the Privacy Shield remains in place, companies are being advised to adopt alternative mechanisms for transferring data.

Overall, the Seville Agreement and supplementary measures have helped to provide greater clarity and protection for individuals` personal information. But with the recent court ruling, it is clear that there is still work to be done to ensure that data transfers between the EU and US are handled in a way that complies with data protection standards. Companies must stay aware of changing regulations and take steps to comply with data protection requirements to avoid potential fines and reputational damage.