A new framework for data exchange with the US has been released

After two defeats before the European Court of Justice (ECJ), the EU Commission yesterday issued the latest version of the rules for the exchange of personal data with the US.

“The ‘Data Privacy Framework’ between the EU and the US will ensure secure data traffic for Europeans and provide legal certainty for companies on both sides of the Atlantic,” said EU Commission President Ursula van der Leyen.

Binding provisions limit US intelligence agencies’ access to Europeans’ data to “necessary and appropriate”. This is already the third attempt – the ECJ annulled the previous privacy shield agreement in July 2020 due to espionage allegations.

Biden welcomes rules

US President Joe Biden welcomed the EU Commission’s new legal framework. “Today’s announcement represents the culmination of years of close cooperation between the United States and the European Union and reaffirms the strength of our transatlantic relationship based on shared democratic values ​​and a shared vision for the world,” the US president said.

The legal framework reflects both parties’ commitment to “stronger data protection” and will create “greater economic opportunities” on both sides of the Atlantic.

The case was reported

Data protection activist Max Schrems reported a case. “Declaring something ‘new,’ ‘strong,’ or ‘useful’ is not enough in court. To make this work would require changes to US surveillance law — and we don’t have them.” The EU data protection authority EDPD has previously called for tougher safeguards at the commission. The ECJ annulled two earlier versions of the rules after Schrems’ complaints.

The Digital Association welcomed the Bitcom deal because it primarily freed up small and medium-sized companies. However, it remains to be seen whether the new rules will hold up in court.