Opened 2 weeks ago
Last modified 2 weeks ago
#65025 new enhancement
Privacy Shield is declared invalid
| Reported by: |
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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This string is outdated: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
#2
@
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:
- FTC on DPF replacing Privacy Shield: https://www.ftc.gov/business-guidance/privacy-security/data-privacy-framework
- European Commission DPF Q&A: https://ec.europa.eu/commission/presscorner/detail/en/qanda_23_3752
- DPF programme website: https://www.dataprivacyframework.gov
- NOYB reaction to General Court ruling (Sept 2025): https://noyb.eu/en/eu-us-data-transfers-first-reaction-latombe-case
#3
@
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.
Trac ticket: https://core.trac.wordpress.org/ticket/65025
## Use of AI Tools
none