Commercial sector: ongoing talks on a successor arrangement to the EU-US Privacy Shield
The adequacy decision on the EU-US Privacy Shield was adopted on 12 July 2016 and allowed the free transfer of data to companies certified in the US under the Privacy Shield. In its judgment of 16 July 2020 (Case C-311/18), the Court of Justice of the European Union invalidated the adequacy decision. The EU-US Privacy Shield is therefore no longer a valid mechanism to transfer personal data from the European Union to the United States.
The European Commission and the US Government have started negotiations on a successor arrangement to the EU-US Privacy Shield to comply with the judgement of the Court.
On 25 March 2022, the European Commission and the United States announced that they have agreed in principle on a new Trans-Atlantic Data Privacy Framework.
On 7 October President Biden signed an Executive Order on ‘Enhancing Safeguards for United States Signals Intelligence Activities'. Along with the Regulations issued by the Attorney General, the Executive Order implements into US law the agreement in principle announced in March. On that basis, the European Commission will now prepare a draft adequacy decision and then launch its adoption procedure.
Law enforcement cooperation: EU-US Umbrella Agreement
The EU-US Data Protection Umbrella Agreement concluded in December 2016 introduced high privacy safeguards for transatlantic law enforcement cooperation. It contains a comprehensive set of data protection rules that apply to all transatlantic exchanges between criminal law enforcement authorities. In this way, it also strengthens law enforcement cooperation by facilitating the exchange of information. It therefore meets the two-fold objective of working with our U.S. partners to combat serious crime and terrorism while advancing the level of protection of Europeans in line with their fundamental rights and the EU data protection rules.