Written By ESR News Blog Editor Thomas Ahearn

On March 25, 2022, United States (U.S.) President Joe Biden and European Commission President Ursula von der Leyen announced that the U.S. and European Union (EU) had reached a new trans-Atlantic data flow agreement, although the agreement is in principle only at this point, according to a White House Fact Sheet.

The U.S. and the EU have committed to a new Trans-Atlantic Data Privacy Framework, which will foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union when it struck down the Commission’s adequacy decision underlying the EU-U.S. Privacy Shield framework in 2020.

By ensuring a durable and reliable legal basis for data flows, the new Trans-Atlantic Data Privacy Framework addresses the Court of Justice of the European Union’s Schrems II decision concerning the U.S. law governing signals intelligence activities. Under the Framework, the U.S. has made unprecedented commitments to:

  • Strengthen the privacy and civil liberties safeguards governing U.S. signals intelligence activities;
  • Establish a new redress mechanism with independent and binding authority; and
  • Enhance its existing rigorous and layered oversight of signals intelligence activities.

The Framework benefits citizens on both sides of the Atlantic. For EU individuals, the deal includes high-standard commitments regarding the protection of personal data. For citizens and companies on both sides of the Atlantic, the deal enables the flow of data in more than $1 trillion of cross-border commerce every year.

The Trans-Atlantic Data Privacy Framework underscores the shared commitment between the U.S. and EU to privacy, data protection, the rule of law, and collective security. More data flows between the United States and Europe than anywhere else in the world, enabling the $7.1 trillion U.S.-EU economic relationship.

The teams of the U.S. government and the European Commission will now continue their cooperation with a view to translate this arrangement into legal documents that will need to be adopted on both sides to put in place the new Trans-Atlantic Data Privacy Framework. To learn more, click here.

Employment Screening Resources® (ESR) – a service offering of ClearStar  – was one of the first adopters of the EU-U.S. Privacy Shield Framework with an original certification date of August 12, 2016, less than two weeks after Privacy Shield officially launched. To learn more, contact ESR today.

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