A Collection is a selection of features, articles, comments and opinions on any given theme or topic. It allows you to stay up‑to‑date with what interests you most.
Login here to access your saved articles and followed authors.
We have sent you an email so you can reset your password.
Sorry, we had a problem.
Tags related to this article
Published 22 December 2022
On 13 December 2022, the European Commission published a draft adequacy decision for the EU-US Data Privacy Framework (the Draft Decision). If approved, EU organisations will have the ability to freely transfer personal data to US organisations who are ‘certified’ under the Framework. Certification can be gained if an organisation commits to a new set of privacy principles – the ‘EU-US Data Privacy Framework Principles’.
The Draft Decision sets out a careful analysis of the new US legal framework. The Commission concludes that it is comfortable that the US has demonstrated that it is effective in ensuring an adequate level of protection and comparable safeguards to the EU.
The European Commissioner for Justice, Didier Reynders, expressed confidence that “strong safeguards are now in place in the U.S. to allow the safe transfers of personal data between the two sides of the Atlantic” and that the new Framework “will help protect the citizens’ privacy, while providing legal certainty for businesses”1.
Although the Draft Decision may have been published sooner than many had anticipated, the finalisation of the Framework is not expected until around July 2023 – following the opinion of the EDPB, consultation with the relevant stakeholders, and approval from a committee comprised of representatives of the EU Member States.
However, this timeline doesn’t take into account the potential challenge by Max Schrems, who has already strongly criticised the Draft Decision and the Framework, indicating that a “Schrems III’ case may be on the horizon. This may mean that, even if the Draft Decision is approved, in reality, there is little take up of the Framework. For now, a timely reminder that the deadline for remediating EU transfers using the old Standard Contractual Clauses is 27 December 2022.
London - Walbrook
+44(0)20 7894 6744
+44(0)20 7894 6828
Jade Kowalski, Amanda Mackenzie
Christophe Wucher-North, Louis-Axel Batiste
Charlotte Halford, Camilla Elliot
Rowena McCormack, Aidan Healy, Stuart Hunt
Jade Kowalski, Stuart Hunt
Jade Kowalski, Ellen McWhirter
Charlotte Halford, Amanda Mackenzie, Florence Cathcart
Jade Kowalski, Christopher Little, Isabella McMeechan
Christopher Air, Astrid Hardy
Aidan Healy, Stuart Hunt
Lisa Broderick, Rowena McCormack, Julie-Anne Binchy, Charlotte Burke, David Freeman, Aoibhin O'Connor
Jade Kowalski, Isabella McMeechan, Ellen Huison
Christopher Air, Stuart Hunt
Jade Kowalski, Mathew Rutter, Zoë Carpenter