When the European Commission adopted the EU-U.S. Privacy Shield last month, U.S. companies were hopeful for an end to the legal limbo they were in when transferring personal data from Europe to the United States. But Matthew Fawcett, general counsel of the Fortune 500 data management and cloud storage solutions company NetApp Inc., says there’s still uncertainty ahead.
The Privacy Shield, adopted on July 12, replaces Safe Harbor, a similar legal framework that was ruled invalid by the European Court of Justice, the EU’s highest court, in October 2015 because it did not sufficiently protect Europeans’ privacy rights. This decision stemmed from a 2013 complaint filed by Austrian privacy activist Max Schrems against Facebook’s European headquarters in Ireland because, per revelations made by Edward Snowden, the social media giant was handing over users’ personal data to the U.S. National Security Agency.
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