On July 13, Sidley and OneTrust DataGuidance hosted a webinar titled “The Finalization of the EU-U.S. Data Privacy Framework.” The discussion with key players in international data transfers included topics such as significant points and implications of the European Commission Adequacy Decision for the Data Privacy Framework, what organizations should know about the Framework’s Principles, consideration of factors and logistics for signing up for the Framework (including interplay with current Privacy Shield membership), next steps in the EU and UK processes, and other internal data transfer developments, including adequacy decision for the UK-U.S. Data Bridge.
On July 10, 2023, the European Commission issued its Final Implementing Decision granting the U.S. adequacy (“Adequacy Decision”) with respect to companies that subscribe to the EU-U.S. Data Privacy Framework (“DPF”).
On July 10, 2023, the European Commission published its final Adequacy Decision for EU-U.S. data transfers. The draft decision reflects the multi-year coordination between the EU and U.S. to identify and implement a lasting solution to facilitate international data transfers following the Court of Justice of the European Union’s judgment in Schrems II. The EU’s adequacy decision determines that the U.S., through the newly created EU-U.S. Data Privacy Framework, provides comparable safeguards to those of the EU and ensures an adequate level of protection for personal data transferred from the EU to certified organizations in the U.S.
*This article first appeared on Law360 on October 14, 2022
A series of coordinated announcements on Oct. 7 lifted the veil on a new trans-Atlantic data transfer mechanism.
This announcement has been hotly anticipated since a joint declaration from the U.S. and European Union governments on March 25, that there was an agreement in principle for a new EU-U.S. Data Privacy Framework.
The key document in the framework process is Executive Order No. 14086 on enhancing safeguards for U.S. signals intelligence activities, accompanied by a detailed fact sheet on the executive order.
The U.S. President and European Commission President announced in a joint press statement on March 25th, 2022 that an agreement “in principle” has been reached on a new Trans-Atlantic Data Privacy Framework (Privacy Shield Agreement 2.0). Once approved and implemented, the agreement would facilitate the transatlantic flow of personal data and provide an alternative data transfer mechanism (in addition to EU Standard Contractual Clauses and Binding Corporate Rules) for companies transferring personal data from the EU to the U.S. This is a welcome announcement for companies that have been dealing with the legal uncertainty of such data flows following the Schrems II decision in July 2020, which invalidated the EU-U.S. Privacy Shield 1.0 for international transfers of personal data.