President Biden October 7, 2022 Executive Order on
Enhancing Safeguards for US Signals Intelligence Activities –
Towards an Updated EU-US Privacy Shield Framework
When the European Court of Justice issued its decision on Schrems and Facebook Ireland v. Data Protection Commissioner in July 2020 (Schrems II), it triggered a brutal disruption and stoppage in the operations of the EU-US Privacy Shield framework (Framework). It also caused significant chaos in the operations of numerous US or EU/EEA businesses and organizations that were relying on the Framework as a strategic tool and structure for providing a legal basis for exchanges or transfers of personal data for commercial and business purposes between the two sides of the Atlantic.
After lengthy and challenging negotiations between representatives of the European Commission and the United States, a new proposed Trans-Atlantic Data Privacy Framework was published at the end of March 2022. According to the White House, the EU-US Trans-Atlantic Data Privacy Framework of March 2022 was intended to lay the ground for providing a legal basis for transatlantic data flows by addressing concerns that the Court of Justice of the European Union raised in July 2020 in the Schrems II case.(more…)