EU Confirms Draft Decision on Replacement US Data Transfer Pact

upstart writes:

EU confirms draft decision on replacement US data transfer pact:

The European Commission has announced a draft decision on U.S. adequacy, paving the way for a replacement EU-U.S. data transfer deal to be adopted next year.

The draft adequacy decision for the EU-U.S. Data Privacy Framework (DPF), as it's called, can be downloaded here.

The Commission's draft is a key step in years of tortuous bilateral process which the EU's executive body and U.S. counterparts hope will finally bring legal certainty to transatlantic exports of EU personal data - which have been shrouded in risk after earlier agreements were invalidated by the bloc's top court, back in July 2020 and October 2015, over the legal disconnect between European privacy rights and U.S. surveillance powers.

Resolving that schism has been - and remains - the key sticking point for EU-U.S. data transfers. It means any new deal on transatlantic data transfers will undoubtedly face legal challenges to test whether this fundamental clash has really been resolved.

But even just getting a replacement agreed on paper, after the last two deals were torn up by the Court of Justice of the EU (CJEU), has been a major effort and challenge.

Yesterday the EU's justice commissioner, Didier Reynders, told a Politico event that he hoped the new pact would be finalized before July next year - and he gave it a '7 or 8 out of 10' chance of withstanding legal challenge. So even the Commission is not 100% on this surviving.

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