Two years after the Court of Justice of the European Union
(“CJEU”) judgment in Data Protection Commissioner
v. Facebook Ireland Ltd and Maximillian Schrems (Schrems II)
invalidated the EU-U.S. Privacy Shield, forcing businesses to adopt
standard contractual clauses in order to pass data through the
transatlantic, the United States has finally implemented its new
privacy framework driving the European Union and the United States
one step closer to the free transfer of data.
An executive order, signed October 7, 2022, titled
“Enhancing Safeguards for United States Signals Intelligence
Activities” comes seven months after President Biden met
with European Commission President Ursula Von der Leyen and
announced they had reached an agreement in principle to reestablish
adequate safeguards to transfer data freely from the United States
to the European Union.
