DIGITALEUROPE - BusinessEurope Joint Statement on the 2nd Annual EU-US Privacy Shield Review

Our associations represent industry from across Europe and far reaches of the globe. Our core mission is to advocate for a globally competitive European Union. Ahead of the second annual review of the EU-US Privacy Shield, we ask for continued commitment to the framework on both sides of the Atlantic.

The Privacy Shield framework is as vital for Europe’s economy as it is for the US. Trade in services relies on data transfers. If Europe turns off the taps it will also harm itself. From 2010 to 2016, the EU’s global exports of services increased from €567 billion to €845 billion; the US remains by far the largest importer, totalling €218 billion or more than one quarter of all EU services exports. This is a European success story that relies on a successful EU-US Privacy Shield.

The bulk of these exports consists of manufacturing services, R&D, engineering and scientific services, agriculture and mining, maintenance and repair services, real estate and other business-to-business services, technical and trade-related services, architecture, construction services and government goods and services. Impacting these sectors by putting EU-US data flows at risk will also harm the EU.

The stability in E -US data transfers provided by the EU-US Privacy Shield framework is part and parcel of the continued success of many sectors of the European economy and benefits both data exporters from Europe and Privacy Shield–certified data importers from the US.

At the same time, this framework is a ‘living instrument’ that is based on mutual efforts to put and keep in place an adequate level of protection. While we urge the US administration to appoint a permanent Ombudsperson in the near future, we are pleased that the US Senate approved three members of the Privacy and Civil Liberties Oversight Board (PCLOB) and take it as a sign of continued commitment to the Shield.

We look forward to continued EU-US dialogue to strengthen practical implementation of the Privacy Shield framework. Failure to do so would misunderstand the profound significance of this transfer mechanism and would ultimately hurt the EU’s economy, rather than protect the privacy rights of European citizens.