EU-U.S. Data Privacy Framework

The European Commission (“Commission”) has published questions and answers regarding the Executive Order on its website.

The Executive Order introduces new binding safeguards to address all the points raised by the Court of Justice of the EU, restricting access to EU data by US intelligence services and establishing a Data Protection Review Court. In that context, the Commission will now prepare a draft adequacy decision, as well as launch its adoption procedure.

The Executive Order signed by President Biden on 7 October, as well as the accompanying Regulations, implement the commitments made by the US in the agreement in principle announced in March.

For Europeans whose personal data is transferred to the US, the new Executive Order provides for:

• Binding safeguards that limit access to data by US intelligence authorities to what is necessary and proportionate to protect national security;
• The establishment of an independent and impartial redress mechanism, which includes a new Data Protection Review Court (“DPRC”); to investigate and resolve complaints regarding access to their data by US national security authorities;

These are significant improvements compared to the Privacy Shield. The new safeguards in the area of government access to data will complement the obligations that US companies importing data from EU will have to subscribe to.

You can reach further information here.

Kind regards,

Zumbul Attorneys at Law

info@zumbul.av.tr