New Trans-Atlantic Data Privacy Framework | ZFZ Postcard Cases
After more than a year of negotiations, the EU and the US announced that they reached an “agreement in principle” on a future Trans-Atlantic Data Privacy Framework.
A new arrangement became necessary after the CJEU’s ruling in 2020 that the former framework in place called “Privacy Shield” did not satisfy EU data protection standards. The US agreed to limit access to data by US intelligence authorities to what is necessary and proportionate.
Moreover, a new two-tier redress system, including a Data Protection Review Court, will be established in the US to investigate and resolve complaints by Europeans on the access to data by US intelligence authorities. Companies processing data transferred from the EU will continue to self-certify their adherence to the former Privacy Shield Principles through the US Department of Commerce. The agreement in principle has now to be implemented by a US Executive Order, which then will form the basis of an adequacy decision by the EU Commission.
We will keep you updated on the further legal developments. If you have any questions in the meantime, please feel free to reach out to Lukas Wieser or Melina Peer.
A joint statement by the EU and the US can be found here.