Insight

Current State of EU to U.S. Data Transfers

The Biden Administration and European Commission recently came to a principle political agreement concerning the ever-changing future of EU to U.S. data transfers.

New Framework for EU and U.S. Data Transfers
GS

Gregory Sirico

June 8, 2022 06:58 PM

On March 25, 2022, President Joe Biden and European Commission President Ursula von der Leyen announced that the U.S. and the EU have reached a principal political agreement over the new Trans-Atlantic Data Privacy Framework, an agreement concerning the cross-border transfer of personal user data. Unofficially referred to as “Privacy Shield 2.0,” this agreement comes two years after the Schrems II judgement famously halted the EU/U.S. Privacy Shield program, due to the limitations and U.S. domestic laws surrounding the transfer of information and monitoring of personal data flows. In the foreseeable future, this agreement will enable the newly established framework to allow for personal data to flow from the U.S. to the EU both freely and safely.

Under this framework, a new set of rules as well as a varying degree of legal safeguards will limit some U.S. intelligence authorities’ overall access to personal user data, contingencies set in place to protect overall national security. Additionally, a two-tier redress system will eventually be established to compile, investigate and resolve ongoing issues or complaints brought up by residents of the EU who may be concerned about access to their personal data, a system which will require the procurement of a Data Protection Review Court. Moreover, this framework for data protection will include obligations for companies and businesses wholly reliant on transferring personal data from the EU to the U.S.

“The Privacy Shield Framework in 2020 left a gap in safeguards available for exports of personal data to the U.S., which the Trans-Atlantic Data Privacy Framework is seeking to fill. Unless and until the framework is fully approved and in effect, organizations cannot rely on it to safeguard their data exports to the U.S. Therefore, for now, U.S. and EU organizations will need to continue to work together to put in place alternative safeguards and to carry out transfer impact assessments on their EU-U.S. data exports,” stated Katie Hewson, a data protection and privacy law specialist based out of London, as reported by the Society for Human Resources Management.

Before the new framework can shift from being a political principle to actually influencing global data flows, it must be subject to a series of legislative obstacles, namely EU data transfer checks as well as viability checks to test if the framework can adequately protect the relatively large scope that EU personal data encompasses. Currently, Privacy Shield 2.0 is garnering a significant amount of support politically from both members of the EU and U.S. government. Despite this trans-Atlantic collaboration, businesses and companies should remain wary as more government entities around the world work to develop a growing number of data privacy laws and provisions, only making the future of data protection increasingly more complex to navigate.

Related Articles

U.K. Introduces Revisions to Right-to-Work Scheme and Immigration Rules


by Gregory Sirico

Right-to-Work Scheme and Immigration Rules in

Hybrid Work: Coping with Compliance Consequences


by Gregory Sirico

Communications platforms like Webex by Cisco, Zoom and Microsoft Teams are more popular than ever in the age of hybrid work, but are firms risking compliance for convenience?

Compliances Issues with Hybrid Work

Privacy Practice


by Casey Waughn

Data protection is all the rage among tech companies and state, national (and even transnational) governments alike. Is it a passing fad or here to stay? And how should businesses and groups of all sizes handle compliance with a blizzard of new laws?

Data Protection Prompt New Privacy Laws

Prominent 9/11 Lawyer Still Racking Up Awards for Clients


by John Ettorre

Despite 20 years passing since the September 11 terrorist attacks, one lawyer is still working to help families of victims recover compensation.

Prominent Lawyer Helping 9/11 Clients

A Startup Accelerator Program Sets Cuatrecasas Apart


by Best Lawyers

Miguel de Almada and Frederico Bettencourt Ferreira from the Portuguese firm discuss their 2019 "Law Firm of the Year" award for Litigation and Arbitration.

Cuatrecasas "Law Firm of the Year"

The Courtroom Climate


by Peter Kolla

Recent decisions across Canada have underscored that courts are wary of usurping legislatures—both provincial and federal—when faced with litigants demanding they do something about climate change.

Factory image with courtroom imagery overlaid

Rise of the Machines


by Michele M. Jochner

New “generative AI” programs have great potential to help attorneys with certain tasks that will make their work more efficient. Yet the use of any new technology must always adhere to strict ethical standards. One notorious recent case shows why.

Illustration of robot thinking

Incendiary Behavior


by Lyssa A. Roberts and Rahul Ravipudi

California’s future will see more frequent wildfires caused by faulty equipment. Litigation tied to recent Golden State infernos shows the way forward.

Mountain range with glow of wildfires behind it

Bringing Down the Hammer


by Joseph Trotti

Thor relied on one weapon, his mighty hammer. General counsel tends to play to their own strengths. What worked for the Viking deity may be a bad idea for you.

Gold plated toolbox with gold tools popping out of it

The Resolution Solution


by John Oh

The pandemic threw sand in the gears of America’s slow-moving trial system, making mediation an increasingly attractive option for plaintiffs and defendants.

Vintage image of man with fists up with yellow backdrop and oversized hand pointing

Chemical Considerations


by David A. Fusco, Laura K. Veith, Tara L. Pehush and Vincenzo R. Chimera

Consumer exposure to a variety of chemicals is increasingly fertile ground for the plaintiffs’ bar, with an array of litigation targeting manufacturers.

Shadowy backlit blue liquid spray bottle

Vanguards of Victory: Best Lawyers: Ones to Watch in Canada 2024


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in Canada™ has been announced, and the lawyers showcased by these awards are rising to the challenge each day as advocates for clients all across the country.

Blue and black background with small squares connected by lines

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Trailblazing Titans of the Industry: Announcing the 4th Edition Best Lawyers: Ones to Watch® in America


by Best Lawyers

Best Lawyers honor and celebrate these talented, innovative newer lawyers who are trailblazing their way to victories in courtrooms across the country.

Connected web above map of the U.S.

From Across the Bench


by Justin Smulison

A lawyer who is contemplating becoming a judge has many factors to consider. It’s a weighty decision, as noted by two attorneys-turned-judges.

Judge sitting at the bench presiding over court case

Pearls of Wisdom: Celebrating 30 Editions of Best Lawyers’ Rankings


by Best Lawyers

In celebration of our landmark 30th edition, Best Lawyers’ leadership explains how the world’s original and most trusted legal awards maintain their esteem, integrity and reputation for excellence among the top legal entities and their clients.

Best Lawyers logo for 30th edition release with gold glitter in background

Trending Articles

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

The Long, Short, Thick and Thin of It


by Avrohom Gefen

“Appearance discrimination” based on employees’ height and weight is the latest hot-button issue in employment law. Here’s a guide to avoid discrimination.

Woman stands in front of mirror holding suit jacket

Trailblazing Titans of the Industry: Announcing the 4th Edition Best Lawyers: Ones to Watch® in America


by Best Lawyers

Best Lawyers honor and celebrate these talented, innovative newer lawyers who are trailblazing their way to victories in courtrooms across the country.

Connected web above map of the U.S.

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Pearls of Wisdom: Celebrating 30 Editions of Best Lawyers’ Rankings


by Best Lawyers

In celebration of our landmark 30th edition, Best Lawyers’ leadership explains how the world’s original and most trusted legal awards maintain their esteem, integrity and reputation for excellence among the top legal entities and their clients.

Best Lawyers logo for 30th edition release with gold glitter in background

Vanguards of Victory: Best Lawyers: Ones to Watch in Canada 2024


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in Canada™ has been announced, and the lawyers showcased by these awards are rising to the challenge each day as advocates for clients all across the country.

Blue and black background with small squares connected by lines

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

IN PARTNERSHIP

How Long Does a Felony Stay On Your Record in California


by Peter Blair

A felony can remain on your record for life in California. Some felonies qualify for expungement. Learn how to remove a felony conviction from your record in California.

Hand setting bird free out of a guarded fence

IN PARTNERSHIP

Thomson Rogers: Toronto Personal Injury Lawyers


by Thomson Rogers

Since establishment in 1935, Toronto-based firm Thomson Rogers has consistently delivered results for their clients struggling through complex litigation.

Top of a Staircase Featuring Two Large Black Doors with Bookshelves and Chairs on Each Side

Incendiary Behavior


by Lyssa A. Roberts and Rahul Ravipudi

California’s future will see more frequent wildfires caused by faulty equipment. Litigation tied to recent Golden State infernos shows the way forward.

Mountain range with glow of wildfires behind it

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset