Description

Issued draft adequacy decision for the EU-US Data Privacy Framework

On 13 December 2022, the European Commission announced that it had initiated the adoption process of the adequacy decision for the EU-US Data Privacy Framework, which aims to enable the transfer of data between the countries and resolve the concerns raised by the EU Court of Justice in the annulment of Schrems II. The draft adequacy decision was issued following the adoption of the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities by US President Biden on 7 October 2022, implementing the agreement in principle reached by the parties. In its draft adequacy decision, the Commission noted that the US legal framework provides comparable data protection safeguards to those in the EU. The US Executive Order established the principles by which signals intelligence activities are to be authorised and conducted. These principles specify that signals intelligence activities shall only be conducted for defined legitimate purposes if necessary and subject to oversight. Furthermore, the Executive Order established rules regarding the dissemination, processing, and retention of information collected as part of signals intelligence activities and includes a redress mechanism to enable individuals from "qualifying states" to obtain review and redress if their personal information was collected and processed in violation of US law. The draft adequacy decision now goes to the European Data Protection Board, the committee of EU Member States' representatives and Parliament for review. The Commission will adopt the final adequacy decision after receiving the opinions from the institutions.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2022-12-13
under deliberation

On 13 December 2022, the European Commission announced that it had initiated the adoption process o…

2023-02-14
under deliberation

On 14 February 2023, the European Parliament’s Committee on Civil Liberties, Justice and Home Affai…

2023-02-28
under deliberation

On 28 February 2023, the European Data Protection Board (EDPB) adopted the opinion 5/2023 on the Eu…

2023-04-13
under deliberation

On 13 April 2023, the Committee on Civil Liberties of the European Parliament adopted a resolution …

2023-05-11
under deliberation

On 11 May 2023, the European Parliament (EP) adopted the Resolution on the Draft Implementing Decis…

2023-07-03
adopted

On 3 July 2023, the US Secretary of Commerce announced that the United States had complied with its…

2023-07-10
in force

On 10 July 2023, the European Commission adopted the adequacy decision for the EU-US Data Privacy F…

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