European Commission Adopts EU-US Adequacy Decision

A decision has been made by the European Commission regarding the EU-US Data Privacy Framework. The decision to adopt its adequacy decision means that personal data transferred between the US and countries in the European Economic Area can be done so safely.

Personal data can now flow freely and safely from the European Economic Area to the United States without any further conditions or authorizations. The adequacy decision ensures that data can be transmitted between the European Union and the US on the basis of a stable and trusted arrangement that protects individuals and provides legal certainty to companies.

European Commissioner for Justice, Didier Reynders

24 EU member states voted in favor of the frameworks while three abstained. The US International Trade Administration has launched a website to help provide information and support to organizations.

The new framework provides safeguards and mechanisms that support European citizens and make it easier to protect their data. For example, the new Data Protection Review Court will be able to order the deletion of any data that is collected in a way that violates the new safeguards. It will also be easier for citizens to make complaints.

The Data Privacy Framework replaces the EU-US Privacy Shield. The Privacy Shield was invalidated by the European Court of Justice in 2020 in a decision better known as Schrems II. However, while Reynders has said the framework is “substantially different” from the Privacy Shield the privacy advocacy organisation NOYB disagrees. NOYB originally brought the legal challenge regarding the Privacy Shield and the company has said this new framework is “largely a copy” and have suggested they will be appealing the new framework.

You can read more about this new development here.

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