Transatlantic data flows took center stage at the International Association of Privacy Professionals (IAPP) Global Privacy Summit, the organization’s annual meeting which convened in Washington from April 11-13.
Before an audience of over 700 attendees, panelists discussed the nature of the new agreement, prospects for implementation and the importance of the Framework for small and medium-sized businesses.
The Framework supports the lawful transfer of data from the European Union to the United States and will replace the Privacy Shield. The European Court of Justice invalidated the Privacy Shield agreement after finding that U.S. law did not offer sufficient protections for EU data subjects, despite the agreement having established requirements for transatlantic transfers of personal data. The end of the Privacy Shield arrangement resulted in legal uncertainty and lack of clarity for companies moving data across the Atlantic.
According to a fact sheet released by the White House, the new Trans-Atlantic Data Privacy Framework will reflect the U.S. government’s implementation of reforms to provide better protections for EU data subjects.
In particular, Europeans will be able seek redress at a newly-created, independent Data Protection Review Court that will have "full authority" to adjudicate claims and direct remedial measures as needed.
The US government will also ensure that signals intelligence collection may only be undertaken where necessary to advance legitimate national security objectives and must not disproportionately impact the protection of individual privacy and civil liberties under the framework.
Significantly, the new Framework and the redress mechanism do not impose any new requirements for companies. However, discussions continue to finalize details of the agreement.
The European Commission’s announced in December that it has begun its process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework (the Framework). Companies seeking to transfer data from countries in the European Union to the United States will need to take steps to be in alignment with this new change.