EU-U.S. Data Privacy Framework Expected by Summer 2023

EU-U.S. Data Privacy Framework Expected by Summer 2023

The European Commission is in the process of adopting an adequacy decision for data transfers based on the EU-U.S. Data Privacy Framework, which is designed to create a legal mechanism for transatlantic data transfers. Previous data transfer frameworks between the EU and the U.S., such as Safe Harbor and Privacy Shield, were invalidated by rulings of the European Court of Justice. U.S. and EU lawmakers are currently negotiating the remaining issues surrounding government surveillance, transparency, access to justice, and remedies to avoid future arguments that U.S. data protection laws fail to provide adequate protections required under applicable EU laws. With recent GDPR-related enforcement fines and rulings to further complicate the transfer of personal data across the Atlantic, the new Data Privacy Framework is eagerly awaited by organizations on both sides of the Atlantic.