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Issued LIBE opinion on EU-US Data Privacy Framework

On 14 February 2023, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) adopted its opinion on the adequacy decision for the EU-US Data Privacy Framework and submitted it to a plenary vote. The Committee urges the European Commission not to adopt an adequacy decision based on Executive Order 14086 on Enhancing Safeguards for United States Signals Intelligence Activities, arguing that it does not provide sufficient guarantees compared to the European data protection standards. Furthermore, LIBE noted that principles such as proportionality and necessity are likely to be interpreted less strictly in the US, which still does not have a federal data protection law. In addition, potential issues arise given the executive nature of the Order, which the US President remains free to amend, including by expanding the list of legitimate national security objectives and of the Data Protection Review Court (DPRC), which does not fall under the US judiciary. The European Parliament's opinion is not binding, and the European Commission is not legally required to amend the adequacy decision based on the recommendations and amendments outlined by the Parliament.

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

Complete timeline of this policy change

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under deliberation

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

under deliberation

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

under deliberation

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

under deliberation

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

under deliberation

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


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

in force

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