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Wednesday, October 4, 2023

Did Moving Personal Data from the EU to the U.S. Simply Get Easier?

On July 10, 2023, the European Commission officially authorized the EU-U.S. Data Personal Privacy Structure (DPF) by embracing an “adequacy choice.” Adequacy choices are among the legal systems under the EU’s General Data Security Guideline (GDPR) for moving individual information from the EU to 3rd nations which, in the eyes of the European Commission, provide enough personal privacy and information defense. The DPF adequacy choice acknowledges that, although the United States has a various method to information defense than the EU, individual information moved to the U.S. under the DPF is thought about to be properly safeguarded in line with the GDPR’s guidelines on global information transfers. The European Commission takes the position that individual information can stream easily and securely from the EU to U.S. business that are taking part in the brand-new Structure.

Transfers of individual information from the EU to the U.S. have actually produced much debate over the previous couple of years. In 2020, the Court of Justice of the EU revoked the DPF’s predecessor, the EU-U.S. Personal privacy Guard, following a grievance by Austrian personal privacy activist Maximilian Schrems and his not-for-profit company NOYB– European Center for Digital Rights (called the Schrems II case). In the Schrems II case, concerns were raised about how individual information of EU users of social media network Facebook was offered to U.S. authorities ( e.g., the National Security Company) in a way that was thought about incompatible with the EU Charter of Essential Rights. The Court of Justice was especially worried that U.S. intelligence firms might access individual information from EU people beyond what is required and in proportion which there was no independent and neutral redress system to deal with problems from EU people.

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