EU–U.S. Data Transfers – What We Know Now

Many companies have been closely following the development of the interpretation practice concerning international data transfers ever since the Court of Justice of the European Union (the CJEU) invalidated the Privacy Shield framework as a transfer mechanism for EU–U.S. data transfers in its Schrems II judgment in July 2020. On Friday 7 October, Joe Biden, President of the United States, issued the long-awaited Executive Order to address the requirements presented in the decision of the CJEU. The Order is meant to serve as the foundation for a new framework that would form the legal basis for the transfer of personal data from the EU to the USA (the EU–U.S. Data Privacy Framework). The Executive Order is based on the principles that the European Commission and the USA agreed upon in March 2022.