Personal Data Transfers To The United States

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The European Data Protection Board is the committee that brings together the EU Privacy Authorities. Its tasks include – inter alia – the advise to be given to the European Commission on data adequacy decisions, through which it determines whether a foreign jurisdiction is to be considered adequate with respect to the data protection standards provided by EU Reg. 2016/679 (GDPR).

In this regard, there has been much discussion in recent years regarding the cross-border flow of personal data between the EU and the US. As is well known, following the “Schrems” ruling, the transfer of personal data between the EU and the US based on the Privacy Shield agreement was deemed invalid.

In March 2022, the U.S. President Joe Biden and European Commission President Ursula von Der Leyen announced an agreement in principle to re-establish a transatlantic framework for data flows: such an agreement was executed through Biden’s signing of an “Executive Order” (EO).

Specifically, the EO establishes that data collection activities by U.S. intelligence agencies can only be carried out for Read more

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