EU–US Data Privacy Framework

The EU–US Data Privacy Framework is a European Union–United States data transfer framework that was agreed to in 2022 and declared adequate by the European Commission in 2023. 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 in part due to concerns that personal data leaving EU borders is subject to sweeping US government surveillance. The EU-US Data Privacy Framework is intended to address these concerns.

After 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".

The European Parliament raised substantial doubts whether the new agreement reached by Ursula von der Leyen actually conforms with EU laws, as it still does not sufficiently protect EU citizens from US mass surveillance and fails to enforce basic human digital rights in the EU. In May 2023, a resolution on this matter passed the European Parliament with 306 votes in favor and 27 against. The NGO NOYB (European Center for Digital Rights) has announced that it will challenge the framework again before the European Court of Justice.

History

On March 25, 2022, it was announced that the European Commission and the United States had committed to a "Trans-Atlantic Data Privacy Framework" in reaction to the failure of the EU-US Privacy Shield.

In October 2022, U.S. President Joe Biden signed an executive order to implement the framework.

In May of 2023, the European Data Protection Board approved the Commission's adequacy decision draft that was published on December 13, 2022.

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 and not to adopt an adequacy finding on the basis that "the EU–U.S. Data Privacy Framework fails to create essential equivalence in the level of protection".

On July 10 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework, thereby allowing transfer of personal data from the EU to the U.S. on the basis of Article 45 of the GDPR.

Under the new Trump Administration doubts have arisen as to the future of the Framework.

Data Protection Review Court

The Data Protection Review Court (DPRC) is a three-judge panel, established in Executive Order 14086 of 7 October 2022, 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 EU-U.S. Privacy Framework. The decisions made by the DPRC have binding authority.

There has been criticism.

See also

*Data Protection Directive
*Digital privacy
*General Data Protection Regulation
*Safe harbor (law)
*US Privacy and Civil Liberties Oversight Board (PCLOB)

References

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External links

EU-US data transfers
webpage of the European Commission

Data Privacy Framework List
website of the US International Trade Administration

Commission Implementing Decision EU 2023/1795
of the European Commission on EUR-Lex

28 CFR Part 201
(Data Protection Review Court) of the US Code of Federal Regulations from the LII

28 CFR Part 201
(Data Protection Review Court) of the US Code of Federal Regulations from the OFR

Information privacy
International law
Privacy law
United States–European Union relations