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“Privacy Shield 2.0”: the future adequacy decision under discussion
Article European Law | 16/01/23 | 1 min. |
“Privacy Shield 2.0” could see the light of day at the end of the first half of 2023, barring any unpleasant surprises, which are always possible. On December 13th, 2022, the European Commission started the adequacy decision adoption process for data flows between the EU and the United States. The substance of the new rules address the concerns expressed by the Court of Justice of the European Union in its Schrems II decision of July 16th, 2020. Naturally, this draft decision also takes into account Executive Order 14086 Enhancing Safeguards for United States Signals Intelligence signed by President Biden on October 7th, 2022, which establishes limitations and safeguards for all intelligence activities regardless of where they take place, and organizes a new redress mechanism by which these safeguards can be invoked by individuals. This EO seeks to implement in U.S. law the outcome of the discussions that took place between the EU and the U.S. following the invalidation of the Privacy Shield. The Commission has submitted its draft decision to the European Data Protection Board (EDPB). Afterwards, the Commission will seek approval from a committee composed of representatives of the EU Member States. The European Parliament also has a has a right of scrutiny over this proposal. Once this procedure is completed, the Commission can proceed to adopting the final adequacy decision. Some activists have already announced that they intend to challenge it in court.