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ARTICLE · 09 OCTOBER 2023

Uncertainty Remains On EU-US Data Transfers

A new framework has been adopted for data transfers between the European Union and the United States. But is it legally sound?

European UnionPrivacy
A new framework has been adopted for data transfers between the European Union and the United States. But is it legally sound?

On 20 September 2023, the European Commission's new Adequacy Decision for companies in the United States of America certified under the Data Privacy Framework (DPF) was published in the EU's Official Journal. This decision, taken on 10 July, allows data sharing with American organisations with much less worry. For now, anyway.

Should you stop using American tools?

Organisations asking this question have been in a quandary in recent years. Since July 2020, data transfers to the US had become all but impossible as a result of the Court of Justice of the European Union's Schrems-II ruling. The Court's decision invalidated the then EU-US Privacy Shield and imposed far-reaching obligations on companies wishing to use American tools, due to the inadequate level of personal data protection in the US.

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