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ARTICLE · 20 OCTOBER 2022

President Biden Signs Long-Awaited Data Transfer Executive Order

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On March 25, 2022, President Biden and European Commission President von der Leyen announced that they had reached an agreement in principle on a new European Union (EU)-U.S. Data Privacy...

United StatesPrivacy
Natasha Kohne
Natasha Kohne
Michelle Reed
Michelle Reed
Ed Pagano
Ed Pagano
Jenny Arlington
Jenny Arlington
Galen Roehl
Galen Roehl
Taylor Daly
Taylor Daly
Sahar Abas
Sahar Abas
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Key Points

  • President Biden has signed the long-awaited executive order implementing U.S. commitments to the new successor agreement to the Privacy Shield, the EU-U.S. Data Privacy Framework—a historic step in respect of trans-Atlantic data transfers.
  • The executive order creates a new two-tier redress mechanism for individuals in the EU (namely lodging complaints before a Civil Liberties Protection Officer and further having the possibility of appealing the decision of such an officer before a newly created Data Protection Review Court) and also establishes a number of additional safeguards which constitute a substantive limitation on the U.S. intelligence communities access to and handling of data.

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