Data transfer between US and EU in final stage
2022.12.13 10:52
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Data transfer between US and EU in final stage
Budrigannews.com – On Tuesday, the European Union issued a draft decision stating that the United States’ safeguards against American intelligence activities are sufficient to address EU concerns, bringing the EU one step closer to concluding a data transfer agreement with the United States.
In March, both sides reached a preliminary agreement, cheering thousands of businesses that were in legal trouble after the top court of Europe rejected a previous data transfer agreement in 2020 due to concerns about U.S. intelligence agencies accessing European data. This was the second instance of a court veto.
In October, U.S. President Joe Biden issued an executive order that established new safeguards for the activities of U.S. intelligence gathering and established a two-step redress system, first to an intelligence agency watchdog and then to an independent court.
Didier Reynders, the head of justice at the European Commission, stated that the draft adequacy decision demonstrates that EU law and U.S. safeguards provide the same level of data protection to European citizens.
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Reynders made the following statement: “Our analysis has shown that strong safeguards are now in place in the United States to allow the safe transfers of personal data between the two sides of the Atlantic.”
He stated, “The future Framework will help protect citizens’ privacy while providing businesses with legal certainty.”
Max Schrems, an Austrian privacy activist whose campaign regarding the possibility of U.S. intelligence agencies gaining access to Europeans’ data in a long-running dispute with Meta resulted in court vetoes, stated that the United States’ safeguards were insufficient for non-U.S. citizens.
“I don’t see how this would stand up in a Court of Justice challenge. “In flagrant violation of our fundamental rights, it appears that the European Commission just issues similar decisions repeatedly,” he stated in a statement.
In a process that is likely to take approximately six months, the EU’s data protection watchdog EDPB, EU countries, and EU lawmakers will now offer non-binding opinions. The EU’s final adequacy decision is anticipated before the summer of next year.
