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Assistant attorney-at-law
Exciting news! As you have probably already heard, the European Commission has finally given the green light to the EU-U.S. Data Privacy Framework. This is a big deal because it means that personal data can now again be transferred from the EU to the U.S. with confidence.
In a nutshell, the decision means that the national security law of United States no longer hinders a level of protection of personal data that is up to EU standards.
Highlights of the EU-U.S. Data Privacy Framework
The Framework is a result of the U.S.’ Executive Order on ‘Enhancing Safeguards for United States Signals Intelligence Activities’, which introduced new binding safeguards to address the points raised by the Court of Justice of the European Union in its Schrems II decision. The new obligations ensure that data can be accessed by US intelligence agencies only to the extent necessary and proportionate, and establish an independent and impartial redress mechanism to handle and resolve complaints from Europeans concerning the collection of their data for national security purposes.
U.S. companies will be able to certify their participation in the Data Privacy Framework by committing to comply with a detailed set of privacy obligations, which will allow EU companies to transfer to the certified company freely.