The US and EU Announce a New Data Privacy Framework
Why This Privacy Law is Important:
The US and EU have agreed to a new Trans-Atlantic Data Privacy Framework, marking the beginning of a collaborative approach to resolve the uncertainty created in July 2020, when the Court of Justice of the European Union invalidated the Privacy Shield framework. More data flows between the EU and the US than anywhere else in the world, powering a $7.1 trillion economic relationship.
Overview:
On July 16, 2020, the Court of Justice of the European Union issued the Schrems II ruling in the case of Data Protection Commission v. Facebook Ireland, Ltd., invalidating the basis on which transfers of personal data of European Union citizens were sent to the United States for processing. The Court invalidated the Privacy Shield Framework, which had been in place since 2016, on two grounds:
- US surveillance programs were not limited “to what is strictly necessary and proportional,” as required by EU law
- EU citizens lack “actionable judicial redress” and therefore do not have a means to remedy inappropriate use of their data
The new Trans-Atlantic Data Privacy Framework addresses these issues to the satisfaction of the European Commission, and re-establishes a legal mechanism under which companies can transfer EU personal data to the United States. To reach this agreement, the US has agreed “to implement new safeguards to ensure that signals intelligence activities are necessary and proportionate in the pursuit of defined national security objectives” and to provide a new means for EU citizens to seek redress if they believe they are unlawfully targeted by such surveillance.
Download the Privacy Alert to the right to get the full text and expert analysis!