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Has a Solution to the Current Dilemma on EU – US Data Flows Been Found or Is It Just More Legal Uncertainty?

The president of the European Commission has today made a political statement announcing that an agreement in principle has been found on a new framework for transatlantic data flows.  An agreement in principle which President Biden describes as “ground breaking” with “unprecedented protections for data privacy”. This initially sounds like positive news however, we’re not provided with any details on what this “agreement in principle”  entails.

There is no detail as to how the US will be changing its surveillance laws, how it will pass the test set by the Court of Justice of the European Union (CJEU) or when it will be reviewed by the European Data Protection Board (EDPB).  Such a political announcement without accompanying text does nothing to progress the transatlantic data flows.  In fact President Biden’s speech centres more around Russian energy than data privacy.

Max Shrems (Privacy Activist and Honorary Chairman of NYOB) criticised the parties for not using the opportunity to come to a ‘no spy’ agreement and commented that “it is especially appalling that the US has allegedly used the war in Ukraine to push the EU on this economic matter”.

When details are released they will be studied and any agreement likely to be challenged by privacy campaign groups.

Bridewell have been working in data protection for over 20 years and have experienced data privacy consultants, industry proven methodologies and have supported a number of organisations and industries in complying with transatlantic data flows. We pride ourselves on acting as a trusted advisor for our clients and being able to interpret privacy legislation and ensure it is practically implemented into our clients’ business operations.

If you have any further questions around how to lawfully transfer personal data outside the UK/EEA, please contact us as and we’ll be happy to help.

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