Europe Adopts Data Privacy Deal

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The European Commission has adopted its adequacy decision for the European Union-US Data Privacy Framework, concluding that the United States ensures an adequate level of protection – comparable to that of the European Union – for personal data transferred from the EU to US companies under the new framework.

“On the basis of the new adequacy decision, personal data can flow safely from the EU to
US companies participating in the Framework, without having to put in place additional data protection safeguards,” the commission said.

The EU’s announcement comes following the US government’s affirmation that it has fulfilled its commitments under the framework.

President Biden – who is on official travel to Europe – praised the EU’s announcement, saying it “represents the culmination of years of close cooperation between the United States and the European Union, and affirms the strength of our transatlantic relationship founded on our shared democratic values and vision for the world.

"The decision reflects our joint commitment to strong data privacy protections and will create greater economic opportunities for our countries and companies on both US companies will be able to join the EU-U.S. Data Privacy Framework by committing to comply with a detailed set of privacy obligations, for instance the requirement to delete personal data when it is no longer necessary for the purpose for which it was collected, and to ensure continuity of protection when personal data is shared with third parties.

EU individuals will benefit from several redress avenues in case their data is wrongly handled by US companies. This includes free of charge independent dispute resolution mechanisms and an arbitration panel.

In addition, the US legal framework provides for a number of safeguards regarding the access to data transferred under the framework by US public authorities, in particular for criminal law enforcement and national security purposes. Access to data is limited to what is necessary and proportionate to protect national security.

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