The Cyber Wire: US-EU Data Negotiations

The US and the European Union continue to work on a data privacy deal following a preliminary agreement in March, with the bulk of concerns surrounding the mass surveillance of data. “While the deal is being hailed as important step forward, several hurdles still remain for companies with trans-Atlantic operations,” said John Dermody, counsel at O’Melveny & Myers  LLP and member of the firm’s Data Security & Privacy Group. “Just as with prior agreements, this new version will be challenged by European privacy advocates who believe that US laws insufficiently protect the data of EU residents. Chief among their concerns is the ability of US national security agencies to compel companies to turn over data, and the lack of redress for EU residents. It remains to be seen whether the new features of this agreement will bridge the gap between EU and US privacy protections, or merely be deck chairs on the Titanic in the face of an eventual challenge by European privacy advocates.”

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