Zum Inhalt Zum Hauptmenü

Search form


Austria - Changes to Austrian law will be required to implement EU-US Privacy Shield

Publication

Austria - Changes to Austrian law will be required to implement EU-US Privacy Shield

Datum: 
2016, March 17

What does this cover?

Last month a new EU-US data transfer regime to replace Safe Harbor, the EU-US Privacy Shield, was announced. We now await its finalisation, signature and ratification in order for the new regime to become legally binding.

However, assuming the Privacy Shield framework does lead to an adequate level of protection, insurers seeking to transfer data from Austria to US should be aware that an additional step will need to be completed in Austria before transfers can take place under the new regime.

Prior to the Schrems decision in October 2015, transfers from Austria to the US could take place without the prior approval of the Austrian Data Protection Authority pursuant to a piece of Austrian legislation (Section 1 Paragraph 2 Cipher 1 Austrian Data Protection Adequacy Decree) which gave effect to the Safe Harbor regime. Therefore, in order for the Privacy Shield regime to apply to Austria-US transfers in the same way, a change will be required in Austrian law. Insurers will need to wait for this change to be implemented before relying on the new Privacy Shield regime for Austria-US transfers.

To view the EU Commission press release on the EU–US Privacy Shield framework, please click here.

What action could be taken to manage risks that may arise from this development?

Organisations operating in Austria should seek specific advice in Austria if and when the Privacy Shield comes into force.

Disclaimer

Alle Angaben auf dieser Website dienen nur der Erstinformation und können keine rechtliche oder sonstige Beratung sein oder ersetzen. Daher übernehmen wir keine Haftung für allfälligen Schadenersatz.

The material contained in this website is provided for general information purposes only and does not constitute legal or other professional advice. We accept no responsibility for loss which may arise from reliance on information contained on this site.



© 2020 · DORDA   PODCAST

we deliver clartity