Since then, in accordance with EU rules on the referral of “prejudice decision” to the Court of Justice, the Irish data protection monitor must “… Examine Mr. Schrems` case “with the utmost care” and … decide whether … the transmission of the personal data of European subscribers to Facebook to the United States should be suspended.” [1] EU regulators have stated that if the ECJ and the US do not negotiate a new system within three months, companies could face complaints from European data protection authorities. On October 29, 2015, a new “Safe Harbour 2.0” agreement appeared to be close to being concluded. [24] However, CommissionerJourova expects the United States to act next. [25] American NGOs quickly expanded the importance of the decision. [26] On 8 September 2015, the European Commission published a brochure on frequently asked questions about the “Umbrella” agreement, which aims to establish a high-level data protection framework for EU-US law enforcement cooperation. The agreement includes all personal data exchanged between the EU and the US and the necessary security measures for the prevention, detection, investigation and prosecution of criminal offences, including terrorism. The Safe Harbour Privacy Principles was developed between 1998 and 2000.

They should prevent private organizations in the European Union or the United States that store customer data from accidentally revealing or losing personal data. U.S. companies could opt for a program and be certified if they stick to seven principles and 15 frequently asked questions and answers in accordance with the directive. [10] In July 2000, the European Commission (EC) decided that US companies that adhere to the principles and register their certification are allowed to transmit EU data to the United States. This is called the Safe Harbor decision. [11] Following a dispute between Austrian data protection advocate Max Schrems, it was decided that US data protection legislation was insufficient and that the agreement needed to be cancelled. On January 25, 2016, the Electronic Privacy Information Center (EPIC) finally succeeded in forcing the U.S. Department of Justice (DOJ) to publish the entire text of the EU-U.S. agreement.

EPIC sued the DOJ last year after the Agency failed to respond to EPIC Freedom of Information Act`s request for the secret agreement. The Umbrella Agreement describes data transfers between EU-US law enforcement agencies and forms the basis of the Judicial Redress Act currently before Congress. EPIC criticized the legislation and recently asked the Senate to delay measures on the bill until the DOJ unblocks the umbrella agreement and the Justice Committee holds a hearing on the laws. On 19 July 2013, Viviane Reding, Vice-President of the European Commission, told the Vilnius Justice Council: “The Safe Harbour Agreement may not be so secure. This may be a loophole for data transfer, because it allows the transfer of data from the EU to US companies, although US data protection standards are below our European standards. Reding announced a robust evaluation of the Safe Harbor Agreement, which will be presented before the end of the year.