On October 12th a new chapter in UK/US data collaboration begins. The new ‘Data Bridge’ allows for friction free transfers of personal data across the Atlantic without the need for additional safeguards.
Why do we need a Data Bridge?
Previously solutions such as “Safe Harbor" and "Privacy Shield" agreements were developed to bridge the differences in data protection between the US and EU. Europe traditionally places a strong emphasis on individual privacy, viewing it as a fundamental right. On the other hand, the US often balances individual privacy against business interests and national security.
Given these differing approaches, these frameworks were designed to ensure that European data was adequately protected when transferred to the US, providing a consistent and trustworthy foundation for businesses operating across both regions. Businesses could self certify and affirm their commitment to good data protection practices.
However, both ‘Safe Harbour’ and ‘Privacy Shield’ failed because of concerns that US surveillance practices might compromise European citizens' data privacy, leading European courts to rule that these systems didn't provide enough protection.
In the meantime, organisations in the EU or UK wishing to use organisations based in the US have had to use other safeguards such as Standard Contractual Clauses often following a risk assessment.
What is the ‘Data Bridge’?
An Executive Order by President Biden followed by a Data Protection Framework in July this year. This allowed the free transfer of personal data between the EU and the US. The Data Bridge has now been implemented which means that transfers will be more straightforward for businesses in the UK.
What do you need to do now?
- Review Your Data Transfers: Catalogue the organisations you send personal data to.
- Check for DPF Participation: If they're US-based, ensure they're self certified under the Data Protection Framework (DPF).
- Stay Informed on Special Category Data: Understand if you're transferring any special category or criminal data and whether you need to take extra steps
- Alternative Safeguards: For organisations not aligned with the DPF, remember that other safeguards remain at your disposal.
The Data Bridge heralds a new era of enhanced trust and efficiency in data transfers between the UK and the US. We'll be keeping an eye on this new initiative to see how it is received and whether or not it is challenged in the European Courts as 'Safe Harbour' and 'Privacy Shield' were.
If you need more advice or help with your personal data transfers, please get in touch at info@ethiqs.legal.