The EU–US Data Privacy Framework is a forthcoming European Union–United States data transfer framework that was agreed to in 2022.[1][2] Previous such regimes—the EU–US Privacy Shield (2016–2020) and the International Safe Harbor Privacy Principles (2000–2015)—were declared invalid by the European Court of Justice due to concerns that personal data leaving EU borders is subject to sweeping US government surveillance. The Trans-Atlantic Data Privacy Framework is intended to address these concerns.[3][4][5]

Since the invalidation of the EU–US Privacy Shield in July 2020, companies wishing to transfer data between the EU and the US "have faced confusion, higher compliance costs, and challenges for EU–US business relationships".[5]

In October 2022 U.S. President Joe Biden signed an executive order to implement the framework.[3] A ratification process by the European Commission is expected to take up to six months.[4] The European Data Protection Board has approved the draft.[6] Although not binding on the European Commission, on 11 May 2023 the European Parliament voted in favour of a resolution calling on the Commission to renegotiate the Framework[7] and not to adopt an adequacy finding on the basis that "the EU–US Data Privacy Framework fails to create essential equivalence in the level of protection".[8]

Data Protection Review Court

The Data Protection Review Court (DPRC) is a three-judge panel, established in Executive Order 14086, which will deal with appeals made to the decisions of the Civil Liberties Protection Officer of the Office of the Director of National Intelligence as described by the Trans-Atlantic Data Privacy Framework.[9] The decisions made by the DPRC have binding authority.[10]

See also

References

  1. ↑ McCabe, David; Stevis-Gridneff, Matina (25 March 2022). "U.S. and European leaders reach deal on trans-Atlantic data privacy". The New York Times. Retrieved 28 March 2022.
  2. ↑ "Biden Executive Order Supports New EU-U.S. Data Privacy Framework for Trans-Atlantic Transfers of Data". The National Law Review. Retrieved 2022-11-01.
  3. 1 2 Shepardson, David; Blenkinsop, Philip (8 October 2022). "Biden signs order to implement EU-U.S. data privacy framework". Reuters. Retrieved 2022-11-01.
  4. 1 2 "US expected to publish Privacy Shield executive order next week". Politico. 27 September 2022. Retrieved 2022-11-01.
  5. 1 2 "Legal Questions Loom Over Latest Trans-Atlantic Data Flows Deal". news.bloomberglaw.com. Retrieved 2022-11-01.
  6. ↑ "Opinion 5/2023 on the European Commission Draft Implementing Decision on the adequate protection of personal data under the EU–US Data Privacy Framework". European Data Protection Board. 28 February 2023. Retrieved 2023-03-01.
  7. ↑ Silver, Andrew (2023-05-12). "Parliament calls on Commission not to adopt EU-US data deal". Research Professional News. Retrieved 2023-08-14.
  8. ↑ "Texts adopted – Adequacy of the protection afforded by the EU-U.S. Data Privacy Framework". European Parliament. 11 May 2023. Retrieved 2023-06-16.
  9. ↑ "Executive Order 14086—Enhancing Safeguards for United States Signals Intelligence Activities | The American Presidency Project". www.presidency.ucsb.edu. Retrieved 2023-01-30.
  10. ↑ "Press corner". European Commission - European Commission. Retrieved 2023-01-30.
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