After the invalidation of the Safe Harbor agreement in 2015, the European Commission and the US Department of Commerce began negotiating to establish a new framework that would restore the transatlantic data exchange. In 2016, the two parties announced they had come to an agreement named the EU-US Privacy Shield. The press release from the European Commission championed the new agreement as a "system to protect the personal data of Europeans and ensure legal certainty for businesses."1 Unfortunately, a closer look at the text of the new framework reveals there is little legal certainty for businesses and corporations that rely on this legal mechanism to conduct normal business operations. For attorneys and their clients, this new agreement represents a major challenge.
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