EU-US Data Transfers: New Executive Order Finally To Provide Clarity And Durability

Introduction

Since the invalidation of the EU-US Privacy Shield by the Court of Justice of the European Union (the "CJEU"), the long-term lawfulness of cross-border transfers of personal data from the European Union to the United States remain uncertain. Private and public players must therefore rely on alternative tools provided by Chapter V of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (the "GDPR"). Recently, the President of the United States has signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the "Executive Order")which will provide enhanced protection for the free flow of personal data between the European Union and the United States for a "durable and reliable legal basis for transatlantic data flows".¹