Don't Call It A Comeback: EU-U.S. Data Privacy Framework Inches Closer To Implementation Following The European Commission's Draft Adequacy Decision

On December 13, 2022, the European Commission published a draft adequacy decision for the EU-U.S. Data Privacy Framework ("EU-U.S. DPF or DPF") signaling the potential return of the framework allowing the flow of personal data between the EU and the United States. Although this is a draft decision, if approved, it will ease trans-Atlantic data flow and ease the restrictions that were placed after the 2020 Schrems II decision invalidated the EU-U.S. Privacy Shield framework for cross-border transfers. This draft adequacy decision ultimately concluded that the DPF provides an adequate level of protection of personal data.

The European Commission came to this draft adequacy decision after an extensive assessment of the U.S. legal framework's safeguards for the transfer of personal data, including recent commitments the U.S. undertook to address data protection concerns. Specifically, on October 7, 2022, President Biden issued an Executive Order addressing concerns