TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-201

________________________________________________________________________

LAW ENFORCEMENT

Exchange of Information

Agreement Between the 

UNITED STATES OF AMERICA

and the EUROPEAN UNION

Signed at Amsterdam June 2, 2016 
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
EUROPEAN UNION

Law Enforcement: Exchange of Information

 Agreement signed at Amsterdam June 2, 2016;

 Entered into force February 1, 2017.
AGREEMENT 


BETWEEN THE UNITED STATES OF AMERICA 


AND THE EUROPEAN UNION 


ON THE PROTECTION OF PERSONAL INFORMATION 


RELATING TO THE PREVENTION, INVESTIGATION, 


DETECTION, AND PROSECUTION OF CRIMINAL OFFENSES 


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Article 1: 

Article 2: 

Article 3: 

Article 4: 

Article 5: 

Article 6: 

Article 7: 

Article 8: 

Article 9: 

Article 10: 

Article 11: 

Article 12: 

Article 13: 

Article 14: 

Article 15: 

Article 16: 

Article 17: 

Article 18: 

Article 19: 

Article 20: 

Article 21: 

Article 22: 

Article 23: 

TABLE OF CONTENTS 

Preamble 

Purpose ofthe Agreement 

Definitions 

Scope 

Non-Discrimination 

Effect ofthe Agreement 

Purpose and Use Limitations 

Onward Transfer 

Maintaining Quality and Integrity of Information 

Information Security 

Notification of an Information Security Incident 

Maintaining Records 

Retention Period 

Special Categories of Personal Information 

Accountability 

Automated Decisions 

Access 

Rectification 

Administrative Redress 

Judicial Redress 

Transparency 

Effective Oversight 

Cooperation between Oversight Authorities 

Joint Review 

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NOTE: It appears that there is no second page.
Article 24: 

Article 25: 

Article 26: 

Article 27: 

Article 28: 

Article 29: 

Notification 

Consultation 

Suspension 

Territorial Application 

Duration of the Agreement 

Entry into force and Termination 

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MINDFUL that the United States and the European Union are committed to ensuring a high level of 

protection of personal information exchanged in the context of the prevention, investigation, 

detection, and prosecution of criminal offenses, including terrorism; 

INTENDING to establish a lasting legal framework to facilitate the exchange of information, which 

is critical to prevent, investigate, detect and prosecute criminal offenses, including terrorism, as a 

means ofprotecting their respective democratic societies and common values; 

INTENDING, in particular, to provide standards ofprotection for exchanges of personal 

information on the basis ofboth existing and future agreements between the US and the EU and its 

Member States, in the field ofpreventing, investigating, detecting, and prosecuting criminal 

offenses, including terrorism; 

RECOGNIZING that certain existing agreements between the Parties concerning the processing of 

personal information establish that those agreements provide an adequate level of data protection 

within the scope ofthose agreements, the Parties affirm that this Agreement should not be construed 

to alter, condition, or otherwise derogate from those agreements; noting however, that the 

obligations established by Article 19 of this Agreement on judicial redress would apply with respect 

to all transfers that fall within the scope ofthis Agreement, and that this is without prejudice to any 

future review or modification of such agreements pursuant to their terms; 

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ACKNOWLEDGING both Parties' longstanding traditions ofrespect for individual privacy 

including as reflected in the Principles on Privacy and Personal Data Protection for Law 

Enforcement Purposes elaborated by the EU-U.S. High Level Contact Group on Information 

Sharing and Privacy and Personal Data Protection, the Charter of Fundamental Rights of the 

European Union and applicable EU laws, the United States Constitution and applicable U.S. laws, 

and the Fair Information Practice Principles ofthe Organization for Economic Cooperation and 

Development; and 

RECOGNIZING the principles of proportionality and necessity, and relevance and reasonableness, 

as implemented by the Parties in their respective legal frameworks; 

THE UNITED ST ATES OF AMERICA AND THE EUROPEAN UNION HA VE AGREED 

AS FOLLOWS: 

ARTICLE 1 

Purpose of the Agreement 

I. The purpose of this Agreement is to ensure a high level of protection ofpersonal information 


and enhance cooperation between the United States and the European Union and its Member States, 


in relation to the prevention, investigation, detection or prosecution of criminal offenses, 


including terrorism. 


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2. For this purpose, this Agreement establishes the framework for the protection ofpersonal 

information when transferred between the United States, on the one hand, and the European Union 

or its Member States, on the other. 

3. This Agreement in and ofitself shall not be the legal basis for any transfers ofpersonal 

information. A legal basis for such transfers shall always be required. 

ARTICLE2 

Definitions 

For purposes of this Agreement: 

(1) 	 "Personal information" means information relating to an identified or identifiable natural 

person. An identifiable person is a person who can be identified, directly or indirectly, by 

reference to, in particular, an identification number or to one or more factors specific to his or 

her physical, physiological, mental, economic, cultural or social identity; 

(2) 	 "Processing ofpersonal information" means any operation or set of operations involving 

collection, maintenance, use, alteration, organization or structuring, disclosure or 

dissemination, or disposition; 

(3) 	 "Parties" means the European Union and the United States of America; 

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(4) 	 "Member State" means a Member State of the European Union; 

(5) 	 "Competent Authority" means, for the United States, a U.S. national law enforcement 

authority responsible for the prevention, investigation, detection or prosecution of criminal 

offenses, including te1TOrism and, for the European Union, an authority of the 

European Union, and an authority of a Member State, responsible for the prevention, 

investigation, detection or prosecution of criminal offenses, including terrorism. 

ARTICLE 3 

Scope 

1. This Agreement shall apply to personal infonnation transferred between the Competent 

Authorities of one Party and the Competent Authorities ofthe other Party, or otherwise transferred 

in accordance with an agreement concluded between the United States and the European Union or 

its Member States, for the prevention, detection, investigation, and prosecution of criminal offences, 

including terrorism. 

2. This Agreement does not affect, and is without prejudice to, transfe~s or other fonns of 

cooperation between the authorities ofthe Member States and ofthe United States other thim those 

referred to in Article 2(5), responsible for safeguarding national security. 

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ARTICLE4 

Non-Discrimination 

Each Party shall comply with its obligations under this Agreement for the purpose ofprotecting 

personal information of its own nationals and the other Party's nationals regardless of their 

nationality, and without arbitrary and unjustifiable discrimination. 

ARTICLE 5 

Effect of the Agreement 

1. This Agreement supplements, as appropriate, but does not replace, provisions regarding the 

protection ofpersonal information in international agreements between the Parties, or the 

United States and Member States that address matters within the scope of this Agreement. 

2. The Parties shall take all necessary measures to implement this Agreement, including, in 

particular, their respective obligations regarding access, rectification and administrative and judicial 

redress for individuals provided herein. The protections and remedies set forth in this Agreement 

shall benefit individuals and entities in the manner implemented in the applicable domestic laws of 

each Party. For the United States, its obligations shall apply in a manner consistent with its 

fundamental principles offederalism. 

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3. By giving effect to paragraph 2, the processing ofpersonal information by the United States, 

or the European Union and its Member States, with respect to matters falling within the scope of 

this Agreement, shall be deemed to comply with their respective data protection legislation 

restricting or conditioning international transfers ofpersonal information, and no further 

authorization under such legislation shall be required. 

ARTICLE6 

Purpose and Use Limitations 

I. The transfer ofpersonal information shall be for specific purposes authorized by the legal 

basis for the transfer as set forth in Article I. 

2. The further processing of personal information by a Party shall not be incompatible with the 

purposes for which it was transferred. Compatible processing includes processing pursuant to the 

terms of existing international agreements and written international frameworks for the prevention, 

detection, investigation or prosecution ofserious crimes. All such processing of personal 

information by other national law enforcement, regu1atory or administrative authorities shall respect 

the other provisions of this Agreement. 

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3. This Article shall not prejudice the ability ofthe transferring Competent Authority to impose 

additional conditions in a specific case to the extent the applicable legal framework for transfer 

permits it to do so. Such conditions shall not include generic data protection conditions, that is, 

conditions imposed that are unrelated to the specific facts of the case. Ifthe information is subject to 

conditions, the receiving Competent Authority shall comply with them. The Competent Authority 

providing the information may also require the recipient to give information on the use made ofthe 

transferred information. 

4. Where the United States, on the one hand, and the European Union or a Member State on the 

other, conclude an agreement on the transfer ofpersonal information other than in relation to 

specific cases, investigations or prosecutions, the specified purposes for which the information is 

transferred and processed shall be further set forth in that agreement. 

5. The Parties shall ensure under ~heir respective laws that personal information is processed in a 

manner that is directly relevant to and not excessive or overbroad in relation to the purposes of such 

processing. 

ARTICLE 7 

Onward Transfer 

1. Where a Competent Authority of one Party has transferred personal information relating to a 

specific case to a Competent Authority ofthe other Party, that information may be transferred to a 

State not bound by the present Agreement or international body only where the prior consent of the 

Competent Authority originally sending that information has been obtained. 

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2. When granting its consent to a transfer under paragraph I, the Competent Authority originally 

transferring the information shall take due account of all relevant factors, including the seriousness 

of the offence, the purpose for which the data is initially transferred and whether the State not 

bound by the present Agreement or international body in question ensures an appropriate level of 

protection ofpersonal information. It may also subject the transfer to specific conditions. 

3. Where the United States, on the one hand, and the European Union or a Member State on the 

other, conclude an agreement on the transfer ofpersonal information other than in relation to 

specific cases, investigations or prosecutions, the onward transfer ofpersonal information may only 

take place in accordance with specific conditions set fmth in the agreement that provide due 

justification for the onward transfer. The agreement shall also provide for appropriate information 

mechanisms between the Competent Authorities. 

4. Nothing in this Article shall be construed as affecting any requirement, obligation or practice 

pursuant to which the prior consent of the Competent Authority originally transferring the 

information must be obtained before the infonnation is further transferred to a State or body bound 

by this Agreement, provided that the level of data protection in such State or body shall not be the 

basis for denying consent for, or imposing conditions on, such transfers. 

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ARTICLE 8 

Maintaining Quality and Integrity of Information 

The Parties shall take reasonable steps to ensure that personal information is maintained with such 

accuracy, relevance, timeliness and completeness as is necessary and appropriate for lawful 

processing of the information. For this purpose, the Competent Authorities shall have in place 

procedures, the object of which is to ensure the quality and integrity of personal information, 

including the following: 

(a) 	 the measures referred to in Article 17; 

(b) 	 where the transferring Competent Authority becomes aware of significant doubts as to the 

relevance, timeliness, completeness or accuracy of such personal information or an 

assessment it has transferred, it shall, where feasible, advise the receiving Competent 

Authority thereof; 

(c) 	 where the receiving Competent Authority becomes aware of significant doubts as to the 

relevance, timeliness, completeness or accuracy ofpersonal information received from a 

governmental authority, or of an assessment made by the transferring Competent Authority of 

the accuracy of information or the reliability of a source, it shall, where feasible, advise the 

transferring Competent Authority thereof. 

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ARTICLE9 

Information Security 

The Parties shall ensure that they have in place appropriate technical, security and organizational 

arrangements for the protection ofpersonal information against all of the following: 

(a) accidental or unlawful destmction; 

(b) accidental loss; and 

(c) unauthorized disclosure, alteration, access, or other processing. 

Such arrangements shall include appropriate safeguards regarding the authorization required to 

access personal information. 

ARTICLE IO 


Notification of an Information Security Incident 


1. Upon discovery of an incident involving accidental loss or destruction, or unauthorized 

access, disclosure, or alteration of personal information, in which there is a significant risk of 

damage, the receiving Competent Authority shall promptly assess the likelihood and scale of 

damage to individuals and to the integrity of the transferring Competent Authority's program, and 

promptly take appropriate action to mitigate any such damage. 

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2. Action to mitigate damage shall include notification to the transferring Competent Authority. 

However, notification may: 

(a) include appropriate restrictions as to the further transmission of the notification; 

(b) be delayed or omitted when such notification may endanger national security; 

(c) be delayed when such notification may endanger public security operations. 

3. Action to mitigate damage shall also include notification to the individual, where appropriate 

given the circumstances of the incident, unless such notification may endanger: 

(a) public or national security; 

(b) official inquiries, investigations or proceedings; 

(c) the prevention, detection, investigation, or prosecution of criminal offenses; 

(d) rights and freedoms of others, in particular the protection of victims and witnesses. 

4. The Competent Authorities involved in the transfer ofthe personal information may consult 

concerning the incident and the response thereto. 

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ARTICLE 11 

Maintaining Records 

1. The Parties shall have in place effective methods of demonstrating the lawfulness of 

processing ofpersonal information, which may include the use oflogs, as well as other forms 

of records. 

2. The Competent Authorities may use such logs or records for maintaining orderly operations 

of the databases or files concerned, to ensure data integrity and security, and where necessary to 

follow backup procedures. 

ARTICLE 12 

Retention Period 

1. The Parties shall provide in their applicable legal frameworks specific retention periods for 

records containing personal infom1ation, the object of which is to ensure that personal information 

is not retained for longer than is necessary and appropriate. Such retention periods shall take into 

account the purposes ofprocessing, the nature of the data and the authority processing it, the impact 

on relevant rights and interests of affected persons, and other applicable legal considerations. 

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2. Where the United States, on the one hand, and the European Union or a Member State on the 

other, conclude an agreement on the transfer ofpersonal information other than in relation to 

specific cases, investigations or prosecutions, such agreement will include a specific and mutually 

agreed upon provision on retention periods. 

3. The Parties shall provide procedures for periodic review ofthe retention period with a view to 

determining whether changed circumstances require further modification of the applicable period. 

4. The Parties shall publish or otherwise make publicly available such retention periods. 

ARTICLE 13 

Special Categories of Personal Information 

1. Processing ofpersonal information revealing racial or ethnic origin, political opinions or 

religious or other beliefs, trade union membership or personal information concerning health or 

sexual life shall only take place under appropriate safeguards in accordance with law. Such 

appropriate safeguards may include: restricting the purposes for which the information may be 

processed, such as allowing the processing only on a case by case basis; masking, deleting or 

blocking the information after effecting the purpose for which it was processed; restricting 

personnel permitted to access the information; requiring specialized training to personnel who 

access the information; requiring supervisory approval to access the information; or other protective 

measures. These safeguards shall duly take into account the nature of the information, particular 

sensitivities of the information, and the purpose for which the information is processed. 

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2. Where the United States, on the one hand, and the European Union or a Member State on the 

other, conclude an agreement on the transfer of personal information other than in relation to 

specific cases, investigations or prosecutions, such agreement wiJI further specify the standards and 

conditions under which such information can be processed, duly taking into account the nature of 

the information and the purpose for which it is used. 

ARTICLE 14 

Accountability 

1. The Parties shall have in place measures to promote accountability for processing personal 

information within the scope of this Agreement by their Competent Authorities, and any other of 

their authorities to which personal information has been transferred. Such measures shall include 

notification of the safeguards applicable to transfers ofpersonal information under this Agreement, 

and of the conditions that may have been imposed by the transferring Competent Authority pursuant 

to Article 6(3). Serious misconduct shall be addressed through appropriate and dissuasive criminal, 

civil or administrative sanctions. 

2. The measures set out in paragraph 1 shall include, as appropriate, discontinuation of transfer 

of personal information to authorities of constituent territorial entities of the Parties not covered by 

this Agreement that have not effectively protected personal information, taking into account the 

purpose of this Agreement, and in particular the purpose and use limitations and onward transfer 

provisions of this Agreement. 

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3. In case of allegations of improper implementation of this Article, a Party may request the 

other Party to provide relevant information, including, where appropriate, regarding the measures 

taken under this Article. 

ARTICLE 15 

Automated Decisions 

Decisions producing significant adverse actions concerning the relevant interests of the individual 

may not be based solely on the automated processing ofpersonal information without human 

involvement, unless authorized under domestic law, and with appropriate safeguards that include 

the possibility to obtain human intervention. 

ARTICLE 16 

Access 

1. The Parties shall ensure that any individual is entitled to seek access to his or her personal 

information and, subject to the restrictions set forth in paragraph 2, to obtain it. Such access shall be 

sought and obtained from a Competent Authority in accordance with the applicable legal 

framework of the State in which relief is sought. 

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2. The obtaining of such infom1ation in a particular case may be subject to reasonable 

restrictions provided under domestic law, taking into account legitimate interests of the individual 

concerned, so as to: 

(a) 	 protect the rights and freedoms of others, including their privacy; 

(b) 	 safeguard public and national security; 

(c) 	 protect law enforcement sensitive infonnation; 

(d) 	 avoid obstructing official or legal inquiries, investigations or proceedings; 

(e) 	 avoid prejudicing the prevention, detection, investigation or prosecution of criminal offenses 

or the execution of criminal penalties; 

(f) 	 otherwise protect interests provided for in legislation regarding freedom of information and 

public access to documents. 

3. Excessive expenses shall not be imposed on the individual as a condition to access his or her 

personal infonnation. 

4. An individual is entitled to authorize, where permitted under applicable domestic law, an 

oversight authority or other representative to request access on his or her behalf. 

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5. If access is denied or restricted, the requested Competent Authority will, without undue delay, 

provide to the individual, or to his or her duly authorized representative as set forth in paragraph 4, 

the reasons for the denial or restriction of access. 

ARTICLE 17 

Rectification 

1. The Parties shall ensure that any individual is entitled to seek correction or rectification of his 

or her personal information that he or she asserts is either inaccurate or has been improperly 

processed. Correction or rectification may include supplementation, erasure, blocking or other 

measures or methods for addressing inaccuracies or improper processing. Such correction or 

rectification shall be sought and obtained from a Competent Authority in accordance with the 

applicable legal framework ofthe State in which relief is sought. 

2. Where the receiving Competent Authority concludes following: 

(a) a request under paragraph l; 

(b) notification by the provider; or 

US/EU/en 21 
(c) its own investigations or inquiries; 

that information it has received under this Agreement is inaccurate or has been improperly 

processed, it shall take measures of supplementation, erasure, blocking or other methods of 

correction or rectification, as appropriate. 

3. An individual is entitled to authorize, where permitted under applicable domestic law, an 


oversight authority or other representative to seek correction or rectification on his or her behalf. 


4. If correction or rectification is denied or restricted, the requested Competent Authority will, 


without undue delay, provide to the individual, or to his or to her duly authorized representative as 


set forth in paragraph 3, a response setting forth the basis for the denial or restriction of 


correction or rectification. 


ARTICLE 18 

Administrative Redress 

1. The Parties shall ensure that any individual is entitled to seek administrative redress where he 

or she believes that his or her request for access pursuant to Article 16 or rectification of inaccurate 

information or improper processing pursuant to Article 17 has been improperly denied. Such redress 

shall be sought and obtained from a Competent Authority in accordance with the applicable legal 

framework of the State in which relief is sought. 

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2. An individual is entitled to authorize, where permitted under applicable domestic law, an 

oversight authority or other representative to seek administrative redress on his or her behalf. 

3. The Competent Authority from which relief is sought shall carry out the appropriate inquiries 

and verifications and without undue delay shall respond in written form, including through 

electronic means, with the result, including the ameliorative or corrective action taken where 

applicable. Notice ofthe procedure for seeking any further administrative redress shall be as 

provided for in Article 20. 

ARTICLE 19 

Judicial Redress 

1. The Parties shall provide in their applicable legal frameworks that, subject to any 

requirements that administrative redress first be exhausted, any citizen of a Party is entitled to seek 

judicial review with regard to: 

(a) 	 denial by a Competent Authority of access to records containing his or her personal 

information; 

(b) 	 denial by a Competent Authority of amendment of records containing his or her personal 

information; and 

(c) unlawful disclosure of such information that has been willfully or intentionally made, which 

shall include the possibility of compensatory damages. 

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2. Such judicial review shall be sought and obtained in accordance with the applicable legal 

framework of the State in which relief is sought. 

3. Paragraphs 1 and 2 are without prejudice to any other judicial review available with respect to 

the processing of an individual's personal information under the law ofthe State in which relief 

is requested. 

4. In the event of the suspension or termination ofthe Agreement, articles 26(2) or 29(3) shall 

not create a basis for judicial redress that is no longer available under the law ofthe 

Party concerned. 

ARTICLE 20 

Transparency 

1. The Parties shall provide notice to an individual, as to his or her personal information, which 

notice may be effected by the Competent Authorities through publication of general notices or 

through actual notice, in a form and at a time provided for by the law applicable to the authority 

providing notice, with regard to the: 

(a) purposes ofprocessing of such information by that authority; 

(b) purposes for which the information may be shared with other authorities; 

(c) laws or rules under which such processing takes place; 

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(d) 	 third parties to whom such information is disclosed; and 

(e) 	 access, correction or rectification, and redress available. 

2. Such notice requirement is subject to the reasonable restrictions under domestic law with 

respect to the matters set forth in Article 16(2) (a) through (f). 

ARTICLE21 

Effective Oversight 

1. 	 The Parties shall have in place one or more public oversight authorities that: 

(a) 	 exercise independent oversight functions and powers, including review, investigation and 

intervention, where appropriate on their own initiative; 

(b) 	 have the power to accept and act upon complaints made by individuals relating to the 

measures implementing this Agreement; and 

(c) 	 have the power to refer violations of law related to this Agreement for prosecution or 

disciplinary action when appropriate. 

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2. The European Union shall provide for oversight under this Article through its data protection 

authorities and those of the Member States. 

3. The United States shall provide for oversight under this Article cumulatively through more 

than one authority, which may include, inter alia, inspectors general, chief privacy officers, 

government accountability offices, privacy and civil liberties oversight boards, and other applicable 

executive and legislative privacy or civil liberties review bodies. 

ARTICLE22 

Cooperation between Oversight Authorities 

1. Consultations between authorities conducting oversight under Article 21 shall take place as 

appropriate with respect to carrying out the functions in relation to this Agreement, with a view 

towards ensuring effective implementation ofthe provisions ofArticles 16, 17, and 18. 

2. The Parties shall establish national contact points that will assist with the identification of the 

oversight authority to be addressed in a particular case. 

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ARTICLE 23 

Joint Review 

1. The Parties shall conduct periodic joint reviews of the policies and procedures that implement 

this Agreement and oftheir effectiveness. Particular attention in the joint reviews shall be paid to 

the effective implementation ofthe protections under Article 14 on accountability, Article 16 on 

access, Article 17 on rectification, Article 18 on administrative redress, and Article 19 on 

judicial redress. 

2. The first joint review shall be conducted no later than three years from the date of entry into 

force ofthis Agreement and thereafter on a regular basis. The Parties shall jointly determine in 

advance the modalities and terms thereof and shall communicate to each other the composition of 

their respective delegations, which shall include representatives of the public oversight authorities 

referred to in Article 21 on effective oversight, and oflaw enforcement and justice authorities. The 

findings ofthe joint review will be made public. 

3. Where the Parties or the United States and a Member State have concluded another 

agreement, the subject matter of which is also within the scope of this Agreement, which provides 

for joint reviews, such joint reviews shall not be duplicated and, to the extent relevant, their findings 

shall be made part ofthe findings ofthe joint review ofthis Agreement. 

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ARTICLE 24 


Notification 


1. The United States shall notify the European Union of any designation made by U.S. 

authorities in relation to Article 19, and any modifications thereto. 

2. The Parties shall make reasonable efforts to notify each other regarding the enactment of any 

laws or the adoption ofregulations that materially affect the implementation ofthis Agreement, 

where feasible before they become effective. 

ARTICLE25 

Consultation 

Any dispute arising from the interpretation or application ofthis Agreement shall give rise to 

consultations between the Parties with a view to reaching a mutually agreeable resolution. 

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ARTICLE26 

Suspension 

I. In the event of a material breach ofthis Agreement, either Party may suspend this Agreement 

in whole or in part by written notification to the other Party through diplomatic channels: Such 

written notification shall not be made until after the Parties have engaged in a reasonable period of 

consultation without reaching a resolution and suspension shall take effect twenty days from the 

date ofreceipt of such notification. Such suspension may be lifted by the suspending Party upon 

written notification to the other Party. The suspension shall be lifted immediately upon receipt of 

such notification. 

2. Notwithstanding any suspension ofthis Agreement, personal data falling within the scope of 

this Agreement and transferred prior to its suspension shall continue to be processed in accordance 

with this Agreement. 

ARTICLE27 

Territorial Application 

I. This Agreement shall only apply to Denmark, the United Kingdom, or Ireland ifthe European 

Commission notifies the United States in writing that Denmark, the United Kingdom, or Ireland has 

decided that this Agreement applies to its State. 

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2. Ifthe European Commission notifies the United States before the entry into force ofthis 

Agreement that this Agreement will apply to Denmark, the United Kingdom, or Ireland, this 

Agreement shall apply to such States from the date of entry into force of this Agreement. 

3. Ifthe European Commission notifies the United States after the entry into force of this 

Agreement that it applies to Denmark, the United Kingdom, or Ireland, this Agreement shall apply 

to such State on the first day of the month following receipt ofthe notification by the United States. 

ARTICLE28 

Duration ofthe Agreement 

This Agreement is concluded for an unlimited duration. 

ARTICLE 29 

Entry into force and Termination 

1. This Agreement shall enter into force on the first day ofthe month following the date: on 

which the Parties have exchanged notifications indicating that they have completed their internal 

procedures for entry into force. 

US/EU/en 30 
2. Either Party may terminate this Agreement by written notification to the other Party through 

diplomatic channels. Such termination shall take effect thirty days from the date ofreceipt of 

such notification. 

3. Notwithstanding any termination ofthis Agreement, personal information falling within the 

scope ofthis Agreement and transferred prior to its termination shall continue to be processed in 

accordance with this Agreement. 

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Agreement. 

Done at Amsterdam this second day of June in the year two thousand and sixteen, in two originals, 

in the English language. Pursuant to EU law, this Agreement shall also be drawn up by the EU in 

the Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, 

Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, 

Spanish and Swedish languages. These additional language versions can be authenticated by an 

exchange of diplomatic notes between the United States and the European Union. In the case of 

divergence between authentic language versions, the English language shall prevail. 

For the United States of America For the European Union 

US/EU/en 31 

NOTE: English language will be printed in this publication.