On January 15, 2024, the European Union Commission (the “Commission”) reconfirmed the adequacy status of Israel in the area of privacy protection, extending the status that was first granted in 2011. This status confirms that Israel meets the strict standards of the European Union for data privacy, and allows for data transfer from the EU to Israel under the same terms as data transfer within the EU.
The decision was made after a professional review process that lasted several years. This process examined Israeli legislative amendments, case law and the activities of the Israeli Privacy Protection Authority. In particular, the decision noted the importance of the following Israeli decisions and regulations:
These measures, together with the existing Protection of Privacy Law, 5741 - 1981, led the Commission to the conclusion that Israel operates under clear limitations and has in place procedures in regards to governmental access to and use of personal data, a matter of special concern to the Commission. Therefore, the Commission concluded, Israel continues to provide an adequate level of protection for personal data originating in the EU.
Adequacy status is of great importance to businesses in Israel, because it allows free transfer of personal data from European countries to Israel, without the imposition of additional regulatory or legal requirements. The status thus reduces costs and minimizes legal risks for Israeli businesses contracting with European partners, or with companies processing data of European data subjects, and creates a distinct competitive advantage.
The Commission intends to continue to periodically review this decision in order to determine whether Israel continues to provide an adequate level of protection for personal data. In its decision, the Commission recommends “enshrining in legislation the protections that have been developed at sub-legislative level and by case law”. The Commission clarifies that Amendment 14 to the Privacy Protection Law, which is currently being deliberated by the Constitution, Law, and Justice Committee of the Israeli Knesset, offers an opportunity to implement this recommendation, and the Commission will continue to monitor developments in this area. We assume that this clarification will influence the Committee and the Knesset in their deliberations.
The adequacy status of 10 other countries was re-confirmed along with Israel: Argentina, Canada, Uruguay, New Zealand, the Faroe Islands, the Isle of Guernsey, the Isle of Man, Switzerland, the Isle of Jersey, and Andorra.
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