The United States and Europe will not reach a new agreement in the short term to replace the rejected Privacy Shield. Such an agreement would not be high on Biden’s list of priorities.
This is suspected by Wojciech Wiewiorowski, the European Data Protection Supervisor. “I don’t expect a new solution instead of Privacy Shield in the space of weeks, and probably not even months, and so we have to be ready that the system without a Privacy Shield like solution will last for a while,” said Wiewiorowski to Reuters.
Wiewiorowski believes that the delay will mainly be on Biden’s side. The future US president would have a lot of other priorities to deal with when he takes office in January.
In 2016, a collective of more than 5000 companies signed the treaty for Privacy Shield. The Privacy Shield was intended to replace the Safe Harbor Privacy Principles, a process that helps US companies comply with the Data Protection Directive, the predecessor of the General Data Protection Regulation (GDPR).
However, this year the EU Court decided that the Privacy Shield did not sufficiently comply with the GDPR. The agreement was therefore immediately annulled, with the result that companies had to stop sending European data to the US immediately. Since then, the EU and the US have been discussing a successor to the treaty.