📢 Important Update: EU-US Data Privacy Framework Agreement Reached! 🌍🤝
In light of this significant development, we have updated our coverage to reflect the latest information. To stay up-to-date on the new EU-US Data Privacy Framework agreement and its implications, we invite you to read our latest article on the topic.
🔍 Discover the latest: EU to USA Personal Data Transfers Now Approved
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The Congressional Research Service has updated its report on the Trans-Atlantic Data Privacy Framework between the EU and the United States.
Short on time? We’ve summed up the paper’s key points below, or you can read the full report from the congress research service here.
Overview
The US and the European Union (EU) reached a political agreement in March 2022 on a new Transatlantic Data Privacy (TADP) Framework to protect commercial cross-border data transfers. For decades, data privacy and protection have been a stumbling block in US-EU ties. The new approach is designed to meet EU data protection requirements while still facilitating transatlantic trade.
Confused about the new Trans-Atlantic Data Privacy Framework? Click here for our guide on everything you need to know and what to do.
Data transfer and surveillance issues
The EU views communication privacy and personal data protection as fundamental rights, but the US government policy safeguards specific data on a sectoral basis.
Several data transfer agreements (both commercial and law enforcement) have been signed between the US and the EU over the years to address EU concerns about US data protection procedures.
Despite assurances from the US, many EU people are concerned about US intelligence and surveillance legislation and the possibility of US government access to EU individuals’ personal data.
As a result of the resulting tensions and legal battles, data transfer agreements between the US and the EU have been harmed, jeopardizing bilateral trade for US and EU enterprises and increasing congressional concerns.
TADP framework’s
The Biden Administration and the European Commission (the EU’s executive, responsible for negotiating on behalf of the EU) declared in announcing the “deal in principle” on the TADP Framework that the agreement;
“reflects the strength of the enduring U.S.-EU relationship.”
Negotiators from the United States and the European Commission are working on fleshing out the details of the new framework and turning the agreements into official papers. After that, the President’s commitments will be formalized through an executive order (congressional approval would not be necessary).
The EU would next have to study the official documents before giving the framework its final approval.
The future of data transfer
By the end of 2022, EU officials intend to have finalized and adopted the new TADP Framework. The new framework’s implementation may help reduce the uncertainty caused by the CJEU’s decision on the former Privacy Shield, but stakeholders will be keeping a careful eye on future enforcement.
In addition, new legal challenges from EU privacy advocates might put the agreement’s long-term viability to the test.
