Significantly, the Commission is not seeking an evaluation of the new draft from the Article 29 Working Party nor giving the Parliament much time to respond to it. Instead, the Commission appears to be resigned to facing the legal challenges to Privacy Shield that are all but certain to come, even though the cloud of uncertainty they and criticisms of the agreement create over the program may dissuade many U.S. companies from signing-up.
Whether the Commission will be able to secure the approval of the Article 31 Committee by the required qualified majority vote remains to be seen. Also unclear is what impact the Brexit vote will have on the Committee’s deliberations. While the UK remains a full member of the EU, suppose the qualified majority would be reached only with the UK’s backing of the proposed agreement. Would other member states take this into account in determining their own stance on the new text?