Microsoft expresses support for Privacy Shield agreement

Microsoft is the first major American tech company to express its support for the new Privacy Shield agreement, which should make it possible to store personal data of EU citizens in the US.

The company says it has reviewed the new agreement and concluded that the Privacy Shield “establishes an effective framework and should be approved.” Microsoft also indicates that the process is not yet closed, but that the current version forms a solid foundation. It also declares the rules applicable to itself and promises transparency, for example with regard to information requests from governments.

This announcement comes shortly after information was leaked that the consultative body of European privacy regulators, the Article 29 Working Group, may not agree with the Privacy Shield. The working group had previously formulated clear requirements that the successor to the Safe Harbor scheme had to meet. The leaked documents showed that this would not have been met, because the Privacy Shield does not guarantee the same level of protection for personal data in the US and the EU.

An official judgment from the Article 29 working group is still pending. This concerns advice that is not binding, after which the Privacy Shield will be voted on. The outcome of the voting round is difficult to predict, as more critical voices are raised about the agreement. The question is whether these will affect the final text.