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ARTICLE · 09 JANUARY 2023

Will 2023 Be The Year That Personal Data Can Flow Across The Atlantic To The USA?

Shepherd and Wedderburn
Shepherd and Wedderburn
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Shepherd and Wedderburn

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The end of 2022 saw no let-up in data protection developments. On 13 December, the European Commission issued a draft adequacy decision in respect of the new EU-US Data Privacy Framework (US DPF).

GlobalPrivacy
Joanna Boag-Thomson
Joanna Boag-Thomson
Rachael Brooks
Rachael Brooks
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This article focuses on the draft adequacy decision that the EU has made to foster smoother trans-Atlantic data flows. It discusses what an adequacy decision is, the significance of this, the practicalities and process to follow, and concludes by assessing the possible impact that this will have on data flows between the UK and US.

The end of 2022 saw no let-up in data protection developments. On 13 December, the European Commission issued a draft adequacy decision in respect of the new EU-US Data Privacy Framework (US DPF). The US DPF establishes a legal framework under which personal data can be transferred from the EU to the US. If the decision is adopted, this will foster smoother trans-Atlantic data flows and enable personal data to be transferred from the EU to US organisations which are certified under the US DPF.

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