EU-U.S. Data Privacy Framework, Draft Adequacy Decision

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On 13 December, the European Commission launched the process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework, which will foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union in its Schrems II decision of July 2020.

The draft adequacy decision concludes that the United States ensures an adequate level of protection for personal data transferred from the EU to the US. This is based on an in-depth assessment of the Data Privacy Framework itself and its obligations for companies, as well as the limitations and safeguards on access by US public authorities to data transferred to the US, in particular for criminal law enforcement and national security purposes.