On 7 October 2022, President Biden issued an executive order to implement the so called EU – U.S. Data Privacy Framework (DPF). The DPF aims to shore up a number of the deficiencies identified in its predecessor, the Privacy Shield framework, which was in invalidated by the European Court of Justice as part of the so called “Schrems II-ruling”. Following the invalidation of the Privacy Shield framework, businesses within the EU have faced significant challenges when carrying out transfers of personal data from the EU to the U.S. The intention is that this new and improved framework will form the basis for an adequacy decision to be resolved upon by the EU Commission, which would (if resolved upon) constitute a basis for transferring personal data from the EU to the U.S. For more information on the DPF, see the fact sheet published by the White House here.
For more information on third country transfers of personal data and the GDPR in general, please contact:
Malin Albert (Partner)
Anton Sjöberg (Senior Associate)
