{"id":25764,"date":"2023-07-11T11:02:53","date_gmt":"2023-07-11T09:02:53","guid":{"rendered":"https:\/\/kpw-relaunch.wp1.visual4.com\/eu-us-data-privacy-framework-in-force\/"},"modified":"2023-07-11T11:02:53","modified_gmt":"2023-07-11T11:02:53","slug":"eu-us-data-privacy-framework-in-force","status":"publish","type":"post","link":"https:\/\/kpw.law\/en\/eu-us-data-privacy-framework-in-force\/","title":{"rendered":"EU-US Data Privacy Framework in force"},"content":{"rendered":"

After Safe Harbor and Privacy Shield were overturned by the European Court of Justice years ago as the legal basis for the transfer of personal data to the USA, there is now a new approach to transatlantic data transfers: the EU-US Data Privacy Framework.<\/strong><\/p>\n

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\"EU-US<\/a>
\u00a9 NicoElNino – stock.adobe.com<\/figcaption><\/figure>\n

Almost every company is affected by transatlantic data transfers to the USA, as most of the major tech providers (such as Apple, Microsoft, Amazon, Google and Facebook) are based in the USA. Ever since the European Court of Justice first removed Safe Harbor<\/a> and the subsequent Privacy Shield<\/a> agreement as the basis for transatlantic data transfers of personal data, there has been a high level of legal uncertainty for many companies. At the same time, many companies were and are dependent on the transfer of personal data to the USA – often due to a lack of viable alternatives. <\/p>\n

EU-US Data Privacy Framework<\/strong><\/h2>\n

With the EU-US Data Privacy Framework (EU-U.S. DPF), the EU and the USA are now making their third attempt at an agreement on the transfer of personal data between the EU and the USA. On July 10, 2023, the European Commission published its adequacy decision for the EU-US Data Privacy Framework<\/a>. This will now apply from 10.07.2023. <\/p>\n

The adequacy decision concludes that the United States ensures an adequate level of protection for personal data transferred from the EU to U.S. companies participating in the EU-U.S. DPF compared to the EU.<\/p>\n

This means that there is once again a legal basis for companies to transfer data to the USA under these conditions.<\/p>\n

What is different about the EU-US Data Privacy Framework?<\/strong><\/h2>\n

A key element of the EU-U.S. DPF is the Executive Order “Enhancing Safeguards for United States Signals Intelligence Activities”<\/a> signed by President Biden on October 7, 2022, which is accompanied by regulations issued by the U.S. Department of Justice. This is intended to address the concerns raised by the European Court of Justice in its rulings on Safe Harbor and Privacy Shield, also known as Schrems I and Schrems II. <\/p>\n

For EU citizens whose personal data is transferred to the USA, this Executive Order provides for the following:<\/p>\n