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Apr 13

Umbrella Agreement Em Portugues

On 8 September 2015, European and US officials announced that they had reached a data protection agreement for transatlantic criminal investigations. The EUROPEAN Commissioner for Justice said: „Once this agreement is in force, it will guarantee a high level of protection for all personal data if it is transferred between law enforcement agencies across the Atlantic.“ Despite the announcements, neither U.S. officials nor their European counterparts have made the text of the agreement public. 1. This agreement applies to personal data transmitted between the competent authorities of one party and the competent authorities of the other party, or transmitted through other means under an agreement on the prevention, detection, investigation and prosecution of criminal offences, including terrorism, between the United States and the European Union or its Member States. NOTE that some existing agreements between the parties on the processing of personal data demonstrate that these agreements provide an adequate level of data protection under these agreements, the contracting parties state that this agreement should not be interpreted in such a way as to modify, resurrect or otherwise delineate these agreements; Noting that the obligations set out in Article 19 of the Agreement on Judicial Protection would apply to all transfers within the scope of this Agreement, without prejudice to any future revision or modification of these agreements, in accordance with its terms, 3. If the United States, on the one hand, and the European Union or a Member State, on the other hand, enter into an agreement on the transfer of personal data that is not provided for in cases, investigations or prosecutions, the transmission of personal data can only take place under certain conditions provided for by the agreement and which duly justify their transfer. The agreement also provides for appropriate information mechanisms between the relevant authorities. 2. If the United States, on the one hand, and the European Union or a Member State, on the other hand, enter into an agreement on the transfer of personal data, with the exception of individual cases, investigations or prosecutions, this agreement also sets out the standards and conditions under which such information can be processed, taking due account of the nature of the information and the purpose for which it is used. The agreement provides a number of safeguards for personal data during the exchange between the police and criminal justice services, including: 2.

The continuation of the processing of personal data by a contracting party is not inconsistent with the purposes for which it was transferred. Compatible treatment includes treatment in accordance with the provisions of existing international agreements and a written international framework for the prevention, detection, investigation or prosecution of serious criminal offences. The entire processing of personal data by other national law enforcement, regulatory or management authorities must comply with the other provisions of this agreement.