News update from the “Schrems” case, this time straight from the White House:
“President Biden Signs Executive Order to Implement the European Union-U.S. Data Privacy Framework.” The White House published a factsheet on 07th Oct. which can be found here.
The factsheet defines steps the United States will take to implement the commitments announced by US President Biden and EU Commission President von der Leyen in March 2022 under the EU-U.S. Data Privacy Framework.
By signing this executive order, an attempt is made to create a new (third) adequacy decision for data transfers to the US. This executive order should build on the ECJ ruling “Schrems II” by the EU Commission. The overarching goal is to better protect personal data from EU citizens in the US.
At this stage, our legal experts do not expect that this order will meet the requirements of the ECJ. This would require a change in the law. However, there is no majority in the US Congress for this change.
There are still no concrete signs that the situation for EU-US data transfers will ease in the long term. It’s very likely that Max Schrems and noyb, the organisation he founded, will take action against the new agreement again. A first statement by noyb can be found here. Nevertheless, the proposed framework could bring some relief of data transfers to the US for a certain period of time, which would be helpful for now.
We will keep you posted.