In our February newsletter, we informed you about the current status of the Transatlantic Data Protection Framework and the adequacy decision announced by the EU Commission.
On 28 February 2023, the European Data Protection Board (EDPB) has released a detailed opinion on the draft adequacy decision for the EU-US data transfer and alongside a press release.
In summary, the EDPB sees a need for catching up and clarification on certain aspects, but welcomes the improvements within the draft.
Experts see the EDPB’s publication as a positive signal for the EU-US agreement. “In particular, the detailed opinion highlights that the EDPB has not taken a stance against the new agreement in its entirety. However, the EDPB wants to make the agreement dependent on the actual and practical implementation of the adjustments announced in the US, e.g. regarding the definition of proportionality and the response to requests for redress.
Summary: The EDPB’s opinion is fairly optimistic, as the crucial points of criticism in “Schrems II” would be addressed by the agreement. Hence, both the Commission and the industry could anticipate a more favorable outcome when presenting their case to the ECJ.
A reaction from Max Schrems and NOYB is not (yet) available.
The matter of EU-US data transfer continues to be intriguing, and we will keep you updated with any new development.