The United States and the European Commission have committed to a new Trans-Atlantic Data Privacy Framework, which will foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union when it struck down in 2020 the Commission’s adequacy decision underlying the EU-U.S. Privacy Shield framework.
Although the details have yet to be revealed it seems that in principle the U.S. and EU have reached a new trans-Atlantic data flow agreement, this comes after an announcement from U.S. President Joe Biden and European Commission President Ursula von der Leyen.
This new agreement will enhance the Privacy Shield framework, promote growth and innovation in Europe and in the United States and help companies, both large and small to compete in the digital economy. Biden said that “This framework underscores our shared commitment to privacy, data protection, and the rule of law. And it’s going to allow the European Commission to once again authorize trans-Atlantic data flows that facilitate $7.3 trillion in economic relationships with the EU.”
Details underpinning the arrangement were highlighted in this White House fact sheet release. It states that by ensuring a durable and reliable legal basis for data flows, the new Trans-Atlantic Data Privacy Framework will underpin an inclusive and competitive digital economy and lay the foundation for further economic cooperation. It addresses the Court of Justice of the European Union’s Schrems II decision concerning U.S, law governing signals intelligence activities.
We have no doubt that there will be people and groups on all sides who will want to challenge any new framework, however there is a want on both sides to find a solution and offer a route that is more flexible EU-US data flows.
Organisations that have opted to remain self certified with Privacy Shield should be able to experience a smooth transition to the enhanced Privacy Shield.
Let’s hope that this new agreement will once more make transatlantic data flows less difficult and we can all look forward to the new framework.
