“Privacy Shield”, the Guarantor instructs data transfer in the US

Multinational societies and Italian companies will be able to transfer their personal data to companies located in the US which joined or will join the so called “Privacy Shield”. The Guarantor of the Privacy has authorized overseas transfer of personal data.

The authorization of the Guarantor of the 21 November 2016 replaced the prior, lapsed on the 22 October 2015 regulating data transfer to the U.S. on the basis of the “Safe Harbor” agreement declared invalid by the judgment Schrems of the EU Court of Justice.

This authorization, which will be published tomorrow in Gazzetta Ufficiale, allows Italy to comply with the recent decision of the European Commission which recognizes to the Agreement called “EU-U.S. Privacy Shield” an adequate level of protection of personal data transferred from EU to self-certifying organizations located in the U.S..

At any time, the Italian Authority reserves the right to carry out checks in order to verify the lawfulness and accuracy of the transfer of data and of any related operation, to adopt, if required, measures under the Privacy Code.

The Commission, for its part, will monitor the functioning of the “Shield” to verify if the U.S. keep guaranteeing an adequate level of protection to the personal data transferred from the EU.

Verifications take place annually, one in particular is required after the entry into force of the Regulation on data protection.

(from Newsletter 421/2016 by Privacy Guarantor)

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