DECISION ON PROPOSED EU-U.S. TRANSATLANTIC DATA TRANSFERS CHANGES ISSUED
January 16, 2023
On December 13, 2022, the European Commission published a preliminary decision supporting the proposed data protection changes related to transatlantic data transfers outlined by the Biden administration’s October 2022 Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities.” As a reminder, the data protection changes proposed are aimed at reducing widespread access to the data of European citizens by American national security agencies and instituting an independent process to approve how such agencies can use the personal data of citizens in the European Union. This came in response to a 2020 European Union Court of Justice decision finding that the U.S. did not provide sufficient protections regarding the transfer of personal data across the Atlantic, effectively invalidating the previous EU-U.S. Data Privacy Framework.
In terms of next steps, members of the European Parliament are expected to weigh in on the Commission’s decision soon, even though it does not have an official role in the process to institute a new transatlantic data deal. Any deal will also have to be approved by each national EU government before it can be finalized.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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