These legal limitations directly affect the Email Marketing sector . Privacy, personal data protection or consumer protection laws are aspects that are highly protected by the EU and in many cases differ from how other countries manage them.
To understand what the Privacy Shield agreement is about , it is important to know its background and what has led us to it.
Safe Harbor, the failed agreement between the EU and the US The international Safe Harbor principles on privacy refer to a process of cooperation between the European Union and the United States in order to establish regulations and limitations regarding the international transfer of data of European citizens (any personal data that is stored or processed outside the European Union). Any organization that was on the Safe Harbor list was considered approved by the EU, since it complied with the data turkey business email list protection policies established by the agreement. The EU does not authorize companies where the transfer of data of European citizens has a lower level of protection than that required within the European territory. This caused problems for global email marketing, since most companies use services and databases hosted in the US or other countries. At the same time, this caused this agreement to not meet the minimum requirements that the EU demanded. According to data from the European Commission , the agreement was invalidated by the European Court of Justice on October 6, 2015 , in order to create a new, stricter agreement with more commitment from the US.
The invalidation of this agreement meant the expulsion of the US from the list and of all North American companies that were part of the list, which in turn meant the impossibility of receiving and processing data from citizens of the European Union. Privacy Shield, the solution to the chaos Just a few days ago, the European Commission announced a new international data transfer agreement between the European Commission and the Department of Commerce of the European Union and the Federal Trade Commission of the United States under the name of “ Privacy Shield ”. This agreement promises to establish stricter obligations for companies based in the US in order to guarantee maximum protection of personal data of EU citizens. In short, everything remains more or less as it was before. That is, these types of servers and programs can continue to be used as long as the established Data Protection regulations are complied with.
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This new agreement is still to be drafted, and both parties (EU and US) must agree to the regulations established in order for this agreement to be transposed into law and enter into force within approximately three months.
Ultimately, Privacy Shield will not be an immediate solution, but it will appear as a gradual replacement for what was Safe Harbor in order to enable cooperation between the two States. The European Commission declares that all the necessary aspects are in the process of preparation to begin the transaction and collaboration with the United States in a harmonious and as effective way as possible.
