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EU-U.S. Data Privacy Framework – LexBlog


On 25 March 2022, the European Commission and the United States announced that they had reached a Joint Statement on Trans-Atlantic Data Privacy Framework in principle on a new EU-U.S. Data Privacy Framework.

The framework will foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union in the Schrems II decision of July 2020.

On 7 October 2022, President Biden signed an Executive Order on ‘Enhancing Safeguards for United States Signals Intelligence Activities. Along with the Regulations issued by the Attorney General, the Executive Order implements into US law the agreement in principle announced in March. The Executive Order introduces new binding safeguards to address all the points raised by the Court of Justice of the EU, limiting access to EU data by US intelligence services and establishing a Data Protection Review Court.

The new Executive Order and the accompanying Regulations establish a new two-layer redress mechanism with independent and binding authority.

Under the first layer, EU individuals will be able to lodge a complaint with the so-called ‘Civil Liberties Protection Officer’ of the US intelligence community.

Under the second level, individuals will have the possibility to appeal the decision of the Civil Liberties Protection Officer before the newly created Data Protection Review Court.

Read more through this link.


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