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International Safe Harbor Privacy Principles

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The EU–US Privacy Shield was a legal framework for regulating transatlantic exchanges of personal data for commercial purposes between the European Union and the United States . One of its purposes was to enable US companies to more easily receive personal data from EU entities under EU privacy laws meant to protect European Union citizens. The EU–US Privacy Shield went into effect on 12 July 2016 following its approval by the European Commission . It was put in place to replace the International Safe Harbor Privacy Principles , which were declared invalid by the European Court of Justice in October 2015. The ECJ declared the EU–US Privacy Shield invalid on 16 July 2020, in the case known as Schrems II . In 2022, leaders of the US and EU announced that a new data transfer framework called the Trans-Atlantic Data Privacy Framework had been agreed to in principle, replacing Privacy Shield. However, it is uncertain what changes will be necessary or adequate for this to succeed without facing additional legal challenges.

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120-738: The International Safe Harbor Privacy Principles or Safe Harbour Privacy Principles were principles developed between 1998 and 2000 in order to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information . They were overturned on October 6, 2015, by the European Court of Justice (ECJ), which enabled some US companies to comply with privacy laws protecting European Union and Swiss citizens. US companies storing customer data could self-certify that they adhered to 7 principles, to comply with

240-442: A sui generis political entity combining the characteristics of both a federation and a confederation . Containing 5.8% of the world population in 2020, EU member states generated a nominal gross domestic product (GDP) of around US$ 16.6   trillion in 2022, constituting approximately one sixth of global nominal GDP . Additionally, all EU states except Bulgaria have a very high Human Development Index according to

360-688: A European customs union for the struggling post-war European economies, and in 1923 the oldest organisation for European integration, the Paneuropean Union was founded, led by Richard von Coudenhove-Kalergi , who later would found in June 1947 the European Parliamentary Union (EPU). Aristide Briand —who was Prime Minister of France , a follower of the Paneuropean Union, and Nobel Peace Prize laureate for

480-669: A proposal that linked funding with adherence to the rule of law . The budget included a COVID-19 recovery fund of €750   billion. The budget may still be approved if Hungary and Poland withdraw their vetoes after further negotiations in the council and the European Council . Bodies combatting fraud have also been established, including the European Anti-fraud Office and the European Public Prosecutor's Office . The latter

600-529: A " collective head of state " and ratifies important documents (for example, international agreements and treaties). Tasks for the president of the European Council are ensuring the external representation of the EU, driving consensus and resolving divergences among member states, both during meetings of the European Council and over the periods between them. The European Council should not be mistaken for

720-647: A ban on Microsoft- and Google-provided cloud contracts. A Dutch subsidiary of the US based Computer Sciences Corporation (CSC) runs the electronic health records of the Dutch national health service system and warned, that unless CSC could assure it was not subject to the Patriot Act, it would end the contract. One year later in 2012, a legal research paper supported the notion that the Patriot Act allowed US law enforcement to bypass European privacy laws. In October 2015,

840-611: A broad forum to further cooperation and shared issues, achieving for example the European Convention on Human Rights in 1950. Essential for the actual birth of the institutions of the EU was the Schuman Declaration on 9 May 1950 (the day after the fifth Victory in Europe Day ) and the decision by six nations (France, Belgium, Netherlands, Luxembourg, West Germany and Italy) to follow Schuman and draft

960-639: A conference in Brussels in January how the commission would decide on the "adequacy" of data protection. The Economist newspaper predicts that "once the Commission has issued a beefed-up 'adequacy decision', it will be harder for the ECJ to strike it down." Privacy activist Joe McNamee summed up the situation by noting the commission has announced agreements prematurely, thus forfeiting its negotiating right. At

1080-712: A decision in 2000 that the United States' principles did comply with the EU Directive – the so-called Safe Harbor decision . However, after a customer complained that his Facebook data were insufficiently protected, the ECJ declared in October 2015 that the Safe Harbor decision was invalid, leading to further talks being held by the commission with the US authorities towards "a renewed and sound framework for transatlantic data flows". The European Commission and

1200-484: A mechanism for individual European citizens to lodge complaints over the use of their data, as well as a transparency scheme to assure that European citizens data did not fall into the hands of US intelligence agencies. The Article 29 Working Party has taken up this demand, and stated it would hold back another month until March 2016 to decide on consequences of Commissioner Jourova's new proposal. The European Commission's Director for Fundamental Rights Paul Nemitz stated at

1320-576: A multinational organization produces and documents its internal controls on personal data or they can be at the level of a country if its laws are considered to offer protection equal to the EU. The Safe Harbor Privacy Principles were developed between 1998 and 2000. Key player was the Art. 29 Working Party, at that time chaired by the Italian Data Protection Authority www.garanteprivacy.it . President Prof. Stefano Rodotà, one of

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1440-546: A permanent president of the European Council , the first of which was Herman Van Rompuy , and strengthened the position of the high representative of the union for foreign affairs and security policy . In 2012, the EU received the Nobel Peace Prize for having "contributed to the advancement of peace and reconciliation, democracy, and human rights in Europe". In 2013, Croatia became the 28th EU member. From

1560-561: A political agreement. The European Commission published the "adequacy decision" draft, declaring principles to be equivalent to the protections offered by EU law. The Article 29 Data Protection Working Party delivered an opinion on April 13, 2016, stating that the Privacy Shield offers major improvements compared to the Safe Harbor decisions, but that three major points of concern still remain. They relate to deletion of data, collection of massive amounts of data, and clarification of

1680-549: A pooled military aid package to Ukraine for lethal weapons funded via the European Peace Facility off-budget instrument. Next Generation EU ( NGEU ) is a European Commission economic recovery package to support the EU member states to recover from the COVID-19 pandemic , in particular those that have been particularly hard hit. It is sometimes styled NextGenerationEU and Next Gen EU , and also called

1800-460: A possibility of strong changes in the 2024 elections. Since the end of World War II , sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty ) in an increasing number of areas, in the European integration project or the construction of Europe ( French : la construction européenne ). The following timeline outlines

1920-713: A post-war world and Europe increasingly became a part of the agenda. This led to a decision at the Yalta Conference in 1944 to form a European Advisory Commission , later replaced by the Council of Foreign Ministers and the Allied Control Council , following the German surrender and the Potsdam Agreement in 1945. By the end of the war, European integration became seen as an antidote to

2040-538: A program and be certified if they adhered to seven principles and 15 frequently asked questions and answers per the Directive. In July 2000, the European Commission (EC) decided that US companies complying with the principles and registering their certification that they met the EU requirements, the so-called "safe harbor scheme", were allowed to transfer data from the EU to the US. This is referred to as

2160-598: A right of unilateral withdrawal under Article 50 of the Treaty on European Union. In addition, the principle of subsidiarity requires that only those matters that need to be determined collectively are so determined. Under the principle of supremacy , national courts are required to enforce the treaties that their member states have ratified, even if doing so requires them to ignore conflicting national law, and (within limits) even constitutional provisions. The direct effect and supremacy doctrines were not explicitly set out in

2280-732: A set number of seats and is divided into sub-national constituencies where this does not affect the proportional nature of the voting system. In the ordinary legislative procedure , the European Commission proposes legislation, which requires the joint approval of the European Parliament and the Council of the European Union to pass. This process applies to nearly all areas, including the EU budget . The parliament

2400-646: Is a decentralized independent body of the European Union (EU), established under the Treaty of Lisbon between 22 of the 27 states of the EU following the method of enhanced cooperation . The European Public Prosecutor's Office investigate and prosecute fraud against the budget of the European Union and other crimes against the EU's financial interests including fraud concerning EU funds of over €10,000 and cross-border VAT fraud cases involving damages above €10 million. Member states retain in principle all powers except those that they have agreed collectively to delegate to

2520-640: Is based in Kirchberg, Luxembourg City alongside the Court of Justice of the European Union and the European Court of Auditors. Constitutionally, the EU bears some resemblance to both a confederation and a federation , but has not formally defined itself as either. (It does not have a formal constitution: its status is defined by the Treaty of European Union and the Treaty on the Functioning of

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2640-467: Is inconsistent with EU law. It is not possible to appeal against the decisions of national courts in the CJEU, but rather national courts refer questions of EU law to the CJEU. However, it is ultimately for the national court to apply the resulting interpretation to the facts of any given case. Although, only courts of final appeal are bound to refer a question of EU law when one is addressed. The treaties give

2760-598: Is organised as a directorial system , where the executive power is jointly exercised by several people. The executive branch consists of the European Council and European Commission. The European Council sets the broad political direction of the Union. It convenes at least four times a year and comprises the president of the European Council (presently Charles Michel ), the president of the European Commission and one representative per member state (either its head of state or head of government ). The high representative of

2880-562: Is regulated to try to balance the aspirations of private initiatives with public interest decision-making process. The European Union had an agreed budget of €170.6  billion in 2022. The EU had a long-term budget of €1,082.5 billion for the period 2014–2020, representing 1.02% of the EU-28's GNI. In 1960, the budget of the European Community was 0.03 per cent of GDP. Of this, €54bn subsidised agriculture enterprise , €42bn

3000-512: Is the final body to approve or reject the proposed membership of the commission, and can attempt motions of censure on the commission by appeal to the Court of Justice . The president of the European Parliament carries out the role of speaker in Parliament and represents it externally. The president and vice-presidents are elected by MEPs every two and a half years. The judicial branch of

3120-485: Is then able to recruit staff from among the pool of candidates selected by EPSO. On average, EPSO receives around 60,000–70,000 applications a year with around 1,500–2,000 candidates recruited by the European Union institutions. The European Ombudsman is the ombudsman branch of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with

3240-704: The Common Foreign and Security Policy , the union has developed a role in external relations and defence . It maintains permanent diplomatic missions throughout the world and represents itself at the United Nations , the World Trade Organization , the G7 and the G20 . Due to its global influence, the European Union has been described by some scholars as an emerging superpower . The EU

3360-669: The Council of Europe , an international organisation independent of the EU and based in Strasbourg. The European Commission acts both as the EU's executive arm , responsible for the day-to-day running of the EU, and also the legislative initiator , with the sole power to propose laws for debate. The commission is 'guardian of the Treaties' and is responsible for their efficient operation and policing. It has 27 European commissioners for different areas of policy, one from each member state, though commissioners are bound to represent

3480-484: The Court of Justice of the European Union , the European Central Bank and the European Court of Auditors . Competence in scrutinising and amending legislation is shared between the Council of the European Union and the European Parliament, while executive tasks are performed by the European Commission and in a limited capacity by the European Council (not to be confused with the aforementioned Council of

3600-742: The Declaration of St James's Palace of 1941, when Europe's resistance gathered in London. This was expanded on by the 1941 Atlantic Charter , establishing the Allies and their common goals, inciting a new wave of global international institutions like the United Nations ( founded 1945 ) or the Bretton Woods System (1944). In 1943 at the Moscow Conference and Tehran Conference , plans to establish joint institutions for

3720-528: The EU–US Summit in Brussels in June 2021. European Union in Europe  (dark grey) The European Union ( EU ) is a supranational political and economic union of 27 member states that are located primarily in Europe. The Union has a total area of 4,233,255 km (1,634,469 sq mi) and an estimated total population of over 449   million. The EU has often been described as

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3840-407: The European Court of Justice (CJEU) is located). Many Europeans demanded a mechanism for individual European citizens to lodge complaints over the use of their data, as well as a transparency scheme to assure that European citizens' data does not fall into the hands of US intelligence agencies. The Privacy Shield has been challenged legally by privacy groups. Initially, it was not clear whether

3960-512: The European Union Recovery Instrument . Agreed in principle by the European Council on 21 July 2020 and adopted on 14 December 2020, the instrument is worth € 750 billion . NGEU will operate from 2021 to 2026, and will be tied to the regular 2021–2027 budget of the EU's Multiannual Financial Framework (MFF). The comprehensive NGEU and MFF packages are projected to reach €1824.3 billion. Preparing

4080-829: The Federal Trade Commission or the Department of Transportation may participate in this voluntary program. This excludes many financial institutions (such as banks, investment houses, credit unions, and savings & loans institutions ), telecommunication common carriers (including internet service providers ), labor associations, non-profit organizations, agricultural co-operatives , and meat processors , journalists and most insurances, although it may include investment banks. After opting in, an organization must have appropriate employee training and an effective dispute mechanism in place, and self re-certify every twelve months in writing that it agrees to adhere to

4200-634: The French Union was installed by the new Fourth French Republic to direct the decolonization of its colonies so that they would become parts of a European community. By 1947 a growing rift between the western Allied Powers and the Soviet Union became evident as a result of the rigged 1947 Polish legislative election , which constituted an open breach of the Yalta Agreement . March of that year saw two important developments. First

4320-571: The Locarno Treaties —delivered a widely recognized speech at the League of Nations in Geneva on 5 September 1929 for a federal Europe to secure Europe and settle the historic Franco-German enmity . With large-scale war being waged in Europe once again in the 1930s and becoming World War II , the question of what to fight against and what for, had to be agreed on. A first agreement was

4440-701: The National Security Agency ), the law and practice of the United States do not offer sufficient protection against surveillance by the public authorities". The ECJ held the Safe Harbor Principles to be invalid, as they did not require all organizations entitled to work with EU privacy-related data to comply with it, thus providing insufficient guarantees. US federal government agencies could use personal data under US law, but were not required to opt in. The court held that companies opting in were "bound to disregard, without limitation,

4560-517: The Safe Harbor decision . On 6 October 2015, the European Court of Justice invalidated the EC's Safe Harbor Decision, because "legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life " [emphasis in original] . According to

4680-920: The Treaty of Brussels was signed, establishing the Western Union (WU), followed by the International Authority for the Ruhr . Furthermore, the Organisation for European Economic Co-operation (OEEC), the predecessor of the OECD, was also founded in 1948 to manage the Marshall Plan , which led to the Soviets creating Comecon in response. The ensuing Hague Congress of May 1948 was a pivotal moment in European integration, as it led to

4800-716: The Treaty of Paris . This treaty was created in 1952 the European Coal and Steel Community (ECSC), which was built on the International Authority for the Ruhr , installed by the Western Allies in 1949 to regulate the coal and steel industries of the Ruhr area in West Germany. Backed by the Marshall Plan with large funds coming from the United States since 1948, the ECSC became a milestone organisation, enabling European economic development and integration and being

4920-547: The United Kingdom . Norway had negotiated to join at the same time, but Norwegian voters rejected membership in a referendum . The Ostpolitik and the ensuing détente led to establishment of a first truly pan-European body, the Conference on Security and Co-operation in Europe (CSCE), predecessor of the modern Organization for Security and Co-operation in Europe (OSCE). In 1979, the first direct elections to

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5040-559: The United Nations Development Programme . Its cornerstone, the Customs Union , paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act as one. EU policies aim to ensure the free movement of people, goods, services and capital within

5160-440: The Western Union , the International Authority for the Ruhr , the European Coal and Steel Community , the European Economic Community and the European Atomic Energy Community , which were established by treaties. These increasingly amalgamated bodies grew, with their legal successor the EU, both in size through the accessions of a further 22 states from 1973 to 2013, and in power through acquisitions of policy areas. In 2012,

5280-440: The extreme nationalism that had caused the war. On 19 September 1946, in a much recognized speech, Winston Churchill , speaking at the University of Zürich , reiterated his calls since 1930 for a "European Union" and "Council of Europe", coincidentally parallel to the Hertenstein Congress of the Union of European Federalists , one of the then founded and later constituting members of the European Movement . One month later,

5400-457: The monetary branch of the European Union, the prime component of the Eurosystem and the European System of Central Banks. It is one of the world's most important central banks . The ECB Governing Council makes monetary policy for the Eurozone and the European Union, administers the foreign exchange reserves of EU member states, engages in foreign exchange operations, and defines the intermediate monetary objectives and key interest rate of

5520-447: The principle of conferral (which says that it should act only within the limits of the competences conferred on it by the treaties ) and of subsidiarity (which says that it should act only where an objective cannot be sufficiently achieved by the member states acting alone). Laws made by the EU institutions are passed in a variety of forms. Generally speaking, they can be classified into two groups: those which come into force without

5640-480: The 1960s, tensions began to show, with France seeking to limit supranational power. Nevertheless, in 1965 an agreement was reached, and on 1 July 1967 the Merger Treaty created a single set of institutions for the three communities, which were collectively referred to as the European Communities . Jean Rey presided over the first merged commission ( Rey Commission ). In 1973, the communities were enlarged to include Denmark (including Greenland), Ireland, and

5760-415: The CJEU the power for consistent application of EU law across the EU as a whole. The court also acts as an administrative and constitutional court between the other EU institutions and the Member States and can annul or invalidate unlawful acts of EU institutions, bodies, offices and agencies. The General Court is a constituent court of the European Union. It hears actions taken against the institutions of

5880-417: The Council of the European Union and the "Council of Ministers", its former title), forms one half of the EU's legislature. It consists of a representative from each member state's government and meets in different compositions depending on the policy area being addressed . Notwithstanding its different configurations, it is considered to be one single body. In addition to the legislative functions, members of

6000-435: The Court of Justice of the European Union (CJEU) issued a preliminary opinion in the Data Protection Commissioner v Facebook Ireland case (also known as Schrems II ). It outlined various scenarios that may result from the conflict in regimes. One lawyer concluded that the opinion "should generate equal measures of relief and alarm for the U.S. government and for companies dependent on data transfers." A final CJEU decision

6120-409: The Department of Commerce, or else it can be prosecuted under the False Statements Act. In a 2011 case , the Federal Trade Commission obtained a consent decree from a California-based online retailer that had sold exclusively to customers in the United Kingdom . Among its many alleged deceptive practices was representing itself as having self-certified under Safe Harbor when in fact it had not. It

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6240-401: The ECB and the national central banks (NCBs) of all 27 member states of the European Union. The ESCB is not the monetary authority of the eurozone, because not all EU member states have joined the euro. The ESCB's objective is price stability throughout the European Union. Secondarily, the ESCB's goal is to improve monetary and financial cooperation between the Eurosystem and member states outside

6360-417: The ECJ responded to a referral from the High Court of Ireland in relation to a complaint from Austrian citizen Maximillian Schrems regarding Facebook's processing of his personal data from its Irish subsidiary to servers in the US. Schrems complained that "in the light of the revelations made in 2013 by Edward Snowden concerning the activities of the United States intelligence services (in particular,

6480-409: The EU Data Protection Directive and with Swiss requirements. The US Department of Commerce developed privacy frameworks in conjunction with both the European Union and the Federal Data Protection and Information Commissioner of Switzerland. Within the context of a series of decisions on the adequacy of the protection of personal data transferred to other countries, the European Commission made

6600-401: The EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly . The European Public Prosecutor's Office (EPPO) is the prosecutory branch of the union with juridical personality, established under the Treaty of Lisbon between 23 of the 27 states of the EU following the method of enhanced cooperation. It

6720-474: The EU was awarded the Nobel Peace Prize . The United Kingdom became the only member state to leave the EU , in 2020; ten countries are aspiring or negotiating to join it . Internationalism and visions of European unity had existed since well before the 19th century, but gained particularly as a reaction to World War I and its aftermath. In this light the first advances for the idea of European integration were made. In 1920 John Maynard Keynes proposed

6840-420: The EU, which together with the Council of the European Union is tasked with amending and approving the European Commission's proposals. 705 members of the European Parliament (MEPs) are directly elected by EU citizens every five years on the basis of proportional representation . MEPs are elected on a national basis and they sit according to political groups rather than their nationality. Each country has

6960-436: The EU. The ECB Executive Board enforces the policies and decisions of the Governing Council, and may direct the national central banks when doing so. The ECB has the exclusive right to authorise the issuance of euro banknotes . Member states can issue euro coins , but the volume must be approved by the ECB beforehand. The bank also operates the TARGET2 payments system. The European System of Central Banks (ESCB) consists of

7080-440: The EU–US Safe Harbor Framework's principles, including notice, choice, access, and enforcement. It can either perform a self-assessment to verify that it complies with the principles, or hire a third-party to perform the assessment. Companies pay an annual $ 100 fee for registration except for first time registration ($ 200). The US government does not regulate Safe Harbor, which is self-regulated through its private sector members and

7200-437: The Euro . After the economic crisis caused by the COVID-19 pandemic , the EU leaders agreed for the first time to create common debt to finance the European Recovery Program called Next Generation EU (NGEU). On 24 February 2022, after massing on the borders of Ukraine, the Russian Armed Forces undertook an attempt for a full-scale invasion of Ukraine. The European Union imposed heavy sanctions on Russia and agreed on

7320-583: The European Commission, the EU–US Privacy Shield agreed on 2 February 2016 "reflects the requirements set out by the European Court of Justice in its ruling on 6 October 2015, which declared the old Safe Harbor framework invalid. The new arrangement will provide stronger obligations on companies in the US to protect the personal data of Europeans and stronger monitoring and enforcement by the US Department of Commerce and Federal Trade Commission , including through increased cooperation with European Data Protection Authorities. The new arrangement includes commitments by

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7440-400: The European Community and the EU, and then made amendments to those founding treaties. These are power-giving treaties which set broad policy goals and establish institutions with the necessary legal powers to implement those goals. These legal powers include the ability to enact legislation which can directly affect all member states and their inhabitants. The EU has legal personality , with

7560-428: The European Council of its decision to leave on 29 March 2017, initiating the formal withdrawal procedure for leaving the EU ; following extensions to the process, the UK left the European Union on 31 January 2020, though most areas of EU law continued to apply to the UK for a transition period which lasted until 31 December 2020. The early 2020s saw Denmark abolishing one of its three opt-outs and Croatia adopting

7680-420: The European Council. The other 25 commissioners are subsequently appointed by the Council of the European Union in agreement with the nominated president. The 27 commissioners as a single body are subject to approval (or otherwise) by a vote of the European Parliament . All commissioners are first nominated by the government of the respective member state. The council, as it is now simply called (also called

7800-420: The European Parliament were held. Greece joined in 1981. In 1985, Greenland left the Communities , following a dispute over fishing rights. During the same year, the Schengen Agreement paved the way for the creation of open borders without passport controls between most member states and some non-member states. In 1986, the Single European Act was signed. Portugal and Spain joined in 1986. In 1990, after

7920-432: The European Treaties but were developed by the Court of Justice itself over the 1960s, apparently under the influence of its then most influential judge, Frenchman Robert Lecourt . The question whether the secondary law enacted by the EU has a comparable status in relation to national legislation, has been a matter of debate among legal scholars. The European Union is based on a series of treaties . These first established

8040-402: The European Union by individuals and member states, although certain matters are reserved for the Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance. The European Central Bank (ECB) is one of the institutions of

8160-410: The European Union ). It is more integrated than a traditional confederation of states because the general level of government widely employs qualified majority voting in some decision-making among the member states, rather than relying exclusively on unanimity. It is less integrated than a federal state because it is not a state in its own right: sovereignty continues to flow 'from the bottom up', from

8280-419: The European Union is formally called the Court of Justice of the European Union (CJEU) and consists of two courts: the Court of Justice and the General Court . The Court of Justice is the supreme court of the European Union in matters of European Union law . As a part of the CJEU, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of

8400-417: The European Union). The monetary policy of the eurozone is determined by the European Central Bank. The interpretation and the application of EU law and the treaties are ensured by the Court of Justice of the European Union. The EU budget is scrutinised by the European Court of Auditors. There are also a number of ancillary bodies which advise the EU or operate in a specific area. The Union's executive branch

8520-450: The European Union-U.S. data transfer framework, which adopts new American intelligence gathering privacy safeguards. A decision regarding the impact of Brexit on Privacy Shield was expected by 31 December 2020, but may be moot due to the CJEU decision. The new version is subject to criticism. Switzerland is not an EU member but follows many EU policies through treaty implementations. Accordingly, it has implemented its own version of

8640-683: The Netherlands , and West Germany signed the Treaty of Rome , which created the European Economic Community (EEC) and established a customs union . They also signed another pact creating the European Atomic Energy Community (Euratom) for cooperation in developing nuclear power. Both treaties came into force in 1958. Although the EEC and Euratom were created separately from the ECSC, they shared

8760-503: The Privacy Shield framework through its own Swiss–US Privacy Shield. It is largely similar to the EU–US Privacy Shield framework, but implements its own DPA instead of various EU DPAs. It also has no grace period and several other meaningful differences to the definition of "sensitive data," binding arbitration, and changes to privacy policies. The EU–US and Swiss–US programs were similar enough that they were administered together by

8880-782: The Soviets. Immediately following the February 1948 coup d'état by the Communist Party of Czechoslovakia , the London Six-Power Conference was held, resulting in the Soviet boycott of the Allied Control Council and its incapacitation, an event marking the beginning of the Cold War . The year 1948 marked the beginning of the institutionalised modern European integration . In March 1948

9000-541: The Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg . It is composed of one judge per member state – currently 27 – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The CJEU is the highest court of the European Union in matters of Union law . Its case-law provides that EU law has supremacy over any national law that

9120-415: The US that possibilities under US law for public authorities to access personal data transferred under the new arrangement will be subject to clear conditions, limitations and oversight, preventing generalised access. Europeans will have the possibility to raise any enquiry or complaint in this context with a dedicated new Ombudsperson". The seven principles from 2000 are: Only US organizations regulated by

9240-530: The US. The existing impasse was the subject of ongoing academic proposals and research. On 25 March 2022 the US and EU announced that a new data transfer agreement had been reached. The new framework, called the Trans-Atlantic Data Privacy Framework , would allow EU citizens to pursue data privacy violations through a new "Data Protection Review Court". On 7 October 2022 President Biden signed an executive order to implement

9360-491: The US: The commission said it will "continue to monitor the implementation of both instruments". In general, there are seven major principles which the organization has developed. They are stated in the following paragraphs: German MEP Jan Philipp Albrecht and Austrian campaigner Max Schrems criticized the new ruling, with the latter predicting that the commission might be taking a "round-trip to Luxembourg " (where

9480-430: The Union as a whole, though the exact delimitation has on occasions become a subject of scholarly or legal disputes. In certain fields, members have awarded exclusive competence and exclusive mandate to the Union. These are areas in which member states have entirely renounced their own capacity to enact legislation. In other areas, the EU and its member states share the competence to legislate. While both can legislate,

9600-554: The Union for a new great enlargement is a political priority for the Union, with the goal of achieving over 35 member states by 2030. Institutional and budgetary reforms are being discussed in order to the Union to be ready for the new members. In May 2024, concerns rise, that the outcome of the elections in June, can undermine some of the crucial policies of the EU in the domain of environment, diplomacy, economy . The war in Ukraine by creating inflation, lowering life level created

9720-623: The United States agreed to establish a new framework for transatlantic data flows on 2 February 2016, known as the " EU–US Privacy Shield ", which was closely followed by the Swiss-US Privacy Shield Framework. In 1980, the OECD issued recommendations for protection of personal data in the form of eight principles. These were non-binding and in 1995, the European Union (EU) enacted a more binding form of governance, i.e. legislation, to protect personal data privacy in

9840-414: The United States should be suspended". EU regulators said that if the ECJ and United States did not negotiate a new system within three months, businesses might face action from European privacy regulators. On October 29, 2015, a new "Safe Harbor 2.0" agreement appeared close to being finalized. However, Commissioner Jourova expected the US to act next. American NGOs were quick to expand on the significance of

9960-675: The WEU and NATO in 1955, prompting the Soviet Union to form the Warsaw Pact in 1955 as an institutional framework for its military domination in the countries of Central and Eastern Europe . Assessing the progress of European integration the Messina Conference was held in 1955, ordering the Spaak report , which in 1956 recommended the next significant steps of European integration. In 1957, Belgium , France , Italy , Luxembourg ,

10080-553: The adoption of the decision by the commission. The European Commission adopted the framework on 12 July 2016 and it went into effect the same day. On January 25, 2017, U.S. President Donald Trump signed an executive order entitled " Enhancing Public Safety " which states that U.S. privacy protections will not be extended beyond US citizens or residents: Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from

10200-561: The basis of this legal framework are illegal". The ruling did not completely stop data transfers between the EU and other foreign countries as the court upheld the use of "standard contractual clauses" (SCCs). But SCCs do not necessarily protect data in countries where the law is fundamentally incompatible with the Charter of Fundamental Rights of the EU and the General Data Protection Regulation (GDPR), like

10320-512: The beginning of the 2010s, the cohesion of the European Union has been tested by several issues, including a debt crisis in some of the Eurozone countries , a surge in asylum seekers in 2015 , and the United Kingdom's withdrawal from the EU . A referendum in the UK on its membership of the European Union was held in 2016, with 51.9 per cent of participants voting to leave. The UK formally notified

10440-431: The cases would be considered admissible. However, by February 2017 the future of the Privacy Shield was contested. One consultant, Matt Allison, predicted that "The EU's citizen-driven, regulated model will swiftly come into conflict with the market forces of the US and the UK." Allison summarized a new paper in which the European Commission lays out its plans for adequacy decisions and global strategy. In December 2019,

10560-416: The council also have executive responsibilities, such as the development of a Common Foreign and Security Policy and the coordination of broad economic policies within the Union. The Presidency of the council rotates between member states, with each holding it for six months. Beginning on 1 July 2024, the position is held by Hungary. The European Parliament is one of three legislative institutions of

10680-574: The creation of the European Movement International , the College of Europe and most importantly to the foundation of the Council of Europe on 5 May 1949 (which is now Europe Day ). The Council of Europe was one of the first institutions to bring the sovereign states of (then only Western) Europe together, raising great hopes and fevered debates in the following two years for further European integration. It has since been

10800-403: The decision. German MEP Jan Philipp Albrecht and campaigner Max Schrems have criticized the new ruling, with the latter predicting that the Commission might be taking a "round-trip to Luxembourg" (where the European Court of Justice is located). EU Commissioner for Consumers, Vera Jourova, expressed confidence that a deal would be reached by the end of February. Many Europeans were demanding

10920-555: The dispute resolution entities they pick. The Federal Trade Commission "manages" the system under the oversight of the US Department of Commerce. To comply with the commitments, violators can be penalized under the Federal Trade Commission Act by administrative orders and civil penalties of up to $ 16,000 per day for violations. If an organization fails to comply with the framework it must promptly notify

11040-456: The entire cabinet, the final say in accepting or rejecting a candidate submitted for a given portfolio by a member state, and oversees the commission's permanent civil service. After the President, the most prominent commissioner is the high representative of the union for foreign affairs and security policy, who is ex-officio a vice-president of the European Commission and is also chosen by

11160-464: The euro, followed by Cyprus and Malta in 2008, Slovakia in 2009, Estonia in 2011, Latvia in 2014, and Lithuania in 2015. On 1 December 2009, the Lisbon Treaty entered into force and reformed many aspects of the EU. In particular, it changed the legal structure of the European Union, merging the EU three pillars system into a single legal entity provisioned with a legal personality , created

11280-481: The eurozone. The European Court of Auditors (ECA) is the auditory branch of the European Union. It was established in 1975 in Luxembourg in order to improve EU financial management. It has 27 members (1 from each EU member-state) supported by approximately 800 civil servants. The European Personnel Selection Office (EPSO) is the EU's civil service recruitment body and operates its selection of candidates via generalist and specialist competitions. Each institution

11400-554: The fall of the Eastern Bloc , the former East Germany became part of the communities as part of a reunified Germany . The European Union was formally established when the Maastricht Treaty —whose main architects were Horst Köhler , Helmut Kohl and François Mitterrand —came into force on 1 November 1993. The treaty also gave the name European Community to the EEC, even if it was referred to as such before

11520-547: The fathers of the privacy framework in Europe, helped by the Italian Data Protection Authority Secretary General Mr. Giovanni Buttarelli, lately appointed as European Data Protection Supervisor (EDPS). Safe Harbor Principles were designed to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information. US companies could opt into

11640-735: The form of the Data Protection Directive . According to the Data Protection Directive, companies operating in the European Union are not permitted to send personal data to "third countries" outside the European Economic Area , unless they guarantee adequate levels of protection, "the data subject himself agrees to the transfer" or "if Binding Corporate Rules or Standard Contractual Clauses have been authorised." The latter means that privacy protection can be at an organizational level, where

11760-778: The institutions of the developing European community under the European Political Community , which was to include the also proposed European Defence Community , an alternative to West Germany joining NATO which was established in 1949 under the Truman Doctrine . In 1954 the Modified Brussels Treaty transformed the Western Union into the Western European Union (WEU). West Germany eventually joined both

11880-425: The interests of the EU as a whole rather than their home state. The leader of the 27 is the president of the European Commission (presently Ursula von der Leyen for 2019–2024, reelected for the 2024-2029 term), proposed by the European Council , following and taking into account the result of the European elections, and is then elected by the European Parliament. The President retains, as the leader responsible for

12000-468: The internal market; enact legislation in justice and home affairs; and maintain common policies on trade , agriculture , fisheries and regional development . Passport controls have been abolished for travel within the Schengen Area . The eurozone is a group composed of the 20 EU member states that have fully implemented the economic and monetary union and use the euro currency . Through

12120-534: The legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration . The European Union operates through a hybrid system of supranational and intergovernmental decision-making, and according to

12240-486: The member states can only legislate to the extent to which the EU has not. In other policy areas, the EU can only co-ordinate, support and supplement member state action but cannot enact legislation with the aim of harmonising national laws. That a particular policy area falls into a certain category of competence is not necessarily indicative of what legislative procedure is used for enacting legislation within that policy area. Different legislative procedures are used within

12360-507: The member states. Since then, the eurozone has increased to encompass 20 countries. The euro currency became the second-largest reserve currency in the world. In 2004, the EU saw its biggest enlargement to date when Cyprus, the Czech Republic, Estonia , Hungary , Latvia , Lithuania , Malta , Poland , Slovakia , and Slovenia joined the union. In 2007, Bulgaria and Romania became EU members. Later that year, Slovenia adopted

12480-420: The necessity for national implementation measures (regulations) and those which specifically require national implementation measures (directives). EU policy is in general promulgated by EU directives , which are then implemented in the domestic legislation of its member states , and EU regulations , which are immediately enforceable in all member states. Lobbying at the EU level by special interest groups

12600-455: The new Ombudsperson mechanism. The European Data Protection Supervisor issued an opinion on 30 May 2016 in which he stated that "the Privacy Shield, as it stands, is not robust enough to withstand future legal scrutiny before the [European] Court". On 8 July 2016 EU member states' representatives (article 31 committee) approved the final version of the EU-U.S. Privacy Shield, paving the way for

12720-479: The origin of the main institutions of the EU such as the European Commission and Parliament . Founding fathers of the European Union understood that coal and steel were the two industries essential for waging war, and believed that by tying their national industries together, a future war between their nations became much less likely. In parallel with Schuman, the Pleven Plan of 1951 tried but failed to tie

12840-469: The protections of the Privacy Act regarding personally identifiable information . This executive order was repealed by President Joe Biden on January 20, 2021. The European Commission has stated that: The US Privacy Act has never offered data protection rights to Europeans. The Commission negotiated two additional instruments to ensure that EU citizens’ data is duly protected when transferred to

12960-526: The protective rules laid down by that scheme where they conflict with national security, public interest and law enforcement requirements". In accordance with the EU rules for referral to the ECJ for a preliminary ruling , the Irish Data Protection Commissioner since then has had to "examine Mr. Schrems's case 'with all due diligence' and ... decide whether ... the transfer of Facebook's European subscribers' personal data to

13080-552: The right to sign agreements and international treaties. EU%E2%80%93US Privacy Shield In October 2015 the European Court of Justice declared the previous framework called the International Safe Harbor Privacy Principles invalid in a ruling that later became known as "Schrems I". Soon after this decision, the European Commission and the U.S. Government started talks about a new framework, and on February 2, 2016, they reached

13200-478: The same category of competence, and even with the same policy area. The distribution of competences in various policy areas between member states and the union is divided into the following three categories: The European Union has seven principal decision-making bodies, its institutions : the European Parliament , the European Council , the Council of the European Union , the European Commission ,

13320-494: The same courts and the Common Assembly. The EEC was headed by Walter Hallstein ( Hallstein Commission ) and Euratom was headed by Louis Armand ( Armand Commission ) and then Étienne Hirsch ( Hirsch Commission ). The OEEC was in turn reformed in 1961 into the Organisation for Economic Co-operation and Development (OECD) and its membership was extended to states outside of Europe, the United States and Canada. During

13440-616: The same time, the first court challenges in Germany have commenced: the Hamburg data protection authority was during February 2016 preparing to fine three companies for relying on Safe Harbor as the legal basis for their transatlantic data transfers and two other companies were under investigation. From the other side a reaction looked imminent. On 25 March 2021 the European Commission and US Secretary of Commerce reported that "intensified negotiations" were taking place. Discussions continued at

13560-449: The several peoples of the separate member states, rather than from a single undifferentiated whole. This is reflected in the fact that the member states remain the 'masters of the Treaties', retaining control over the allocation of competences to the union through constitutional change (thus retaining so-called Kompetenz-kompetenz ); in that they retain control of the use of armed force; they retain control of taxation; and in that they retain

13680-505: The treaty. With further enlargement planned to include the former communist states of Central and Eastern Europe, as well as Cyprus and Malta , the Copenhagen criteria for candidate members to join the EU were agreed upon in June 1993. The expansion of the EU introduced a new level of complexity and discord. In 1995, Austria, Finland, and Sweden joined the EU. In 2002, euro banknotes and coins replaced national currencies in 12 of

13800-487: The union for foreign affairs and security policy (presently Josep Borrell ) also takes part in its meetings. Described by some as the union's "supreme political leadership", it is actively involved in the negotiation of treaty changes and defines the EU's policy agenda and strategies. Its leadership role involves solving disputes between member states and the institutions, and to resolving any political crises or disagreements over controversial issues and policies. It acts as

13920-567: Was barred from using such deceptive practices in the future. The EU–US Safe Harbor Principles 'self certification scheme' has been criticised in regard to its compliance and enforcement in three external EU evaluations: In June 2011, Microsoft UK's managing director Gordon Frazer said that " cloud data , regardless of where it is in the world, is not protected against the Patriot Act ." The Netherlands promptly ruled out US cloud suppliers from Dutch government contracts, and even considered

14040-476: Was established, along with its citizenship , when the Maastricht Treaty came into force in 1993, and was incorporated as an international legal juridical person upon entry into force of the Treaty of Lisbon in 2009 . Its beginnings can be traced to the Inner Six states (Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany ) at the start of modern European integration in 1948, and to

14160-465: Was published on 16 July 2020 in Schrems II . The EU–US Privacy Shield for data sharing was struck down by the European Court of Justice on the grounds it did not provide adequate protections to EU citizens from government surveillance. The European Data Protection Board (EDPB), an EU organization whose decisions are binding for national privacy supervisory authorities, declared that, "transfers on

14280-474: Was spent on transport , building and the environment, €16bn on education and research , €13bn on welfare, €20bn on foreign and defence policy, €2bn in finance , €2bn in energy , €1.5bn in communications, and €13bn in administration. In November 2020, two members of the union, Hungary and Poland, blocked approval to the EU's budget at a meeting in the Committee of Permanent Representatives (Coreper), citing

14400-475: Was the signing of the Treaty of Dunkirk between France and the United Kingdom . The treaty assured mutual assistance in the event of future military aggression against either nation. Though it officially named Germany as a threat, in reality the actual concern was for the Soviet Union. A few days later came the announcement of the Truman Doctrine which pledged American support for democracies to counter

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