Make WordPress Core

Opened 2 weeks ago

Last modified 2 weeks ago

#65025 new enhancement

Privacy Shield is declared invalid

Reported by: timse201's profile timse201 Owned by:
Milestone: Awaiting Review Priority: normal
Severity: normal Version: trunk
Component: Privacy Keywords: has-patch needs-testing
Focuses: privacy Cc:

Description

This string is outdated:
https://build.trac.wordpress.org/browser/trunk/wp-admin/includes/class-wp-privacy-policy-content.php?marks=604#L604

The EU-U.S. Privacy Shield was declared invalid by the European Court of Justice years ago. The current agreement is the Data Privacy Framework (DPF).

Change History (5)

This ticket was mentioned in PR #11442 on WordPress/wordpress-develop by @masteradhoc.


2 weeks ago
#1

  • Keywords has-patch added

Trac ticket: https://core.trac.wordpress.org/ticket/65025

## Use of AI Tools
none

#2 @masteradhoc
2 weeks ago

  • Keywords needs-privacy-review needs-testing added

Hey @timse201
Good catch! This definately needs some update.

The EU-U.S. Privacy Shield was invalidated by the CJEU in July 2020 (Schrems II, Case C-311/18) and is no longer a valid data transfer mechanism. The current replacement is the EU-U.S. Data Privacy Framework (DPF), adopted by the European Commission on 10 July 2023.

Proposed change:

Before:
...whether that is through an agreement such as Privacy Shield, model clauses in your contracts, or binding corporate rules.

After:
...whether that is through an agreement such as the EU-U.S. Data Privacy Framework (DPF), Standard Contractual Clauses (SCCs), or binding corporate rules.

References:

#3 @masteradhoc
2 weeks ago

Based on the feedback of @vikingtechguy (in Slack: #core-privacy) I adjusted the string further to also clarify which persons are protected under the transfer rules. The original "European residents" wording is legally imprecise — GDPR Article 3 is based on being in the EU/EEA at the time of data collection, not residency or citizenship. The updated text reflects this correctly and also adds EEA alongside EU.

Last edited 2 weeks ago by masteradhoc (previous) (diff)

#4 @masteradhoc
2 weeks ago

  • Keywords needs-privacy-review removed

This ticket was mentioned in Slack in #core-privacy by masteradhoc. View the logs.


2 weeks ago

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