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Spotlight on ...

SENDING PERSONAL DATA

TO THE U.S. – THIRD ACT

Text: Alan Rhode, Co-Founder Taxmen, Joe Kirwin

Will it be three times lucky for the latest data privacy transfer agreement between the
United States and the European Union or will it be another legal strikeout? That is the
high-stakes question hovering over more than a trillion euros worth of US-EU commerce

dependent on transatlantic data flows as the European Commission and a hosts of data
privacy advocates, gear up for another legal showdown at the European Court of Justice.

espite a momentous breakthrough reached Protection Regulation.
at the end of 2022 after the European Schrems and Co. added that the new EU-U.S. agreement was
DCommission convinced the Biden a just rehash of two previous accords such as the 200l Safe
Administration to provide key concessions required Harbour and 2016 Privacy Shield frameworks designed to give
by a 2020 ECJ ruling – the second time the ECJ protection to companies transferring data across the Atlantic
struck down and EU-U.S. data transfer accord - it Ocean.
has done little to appease Europe’s chief data privacy
gadfly Max Schrems and his advocacy group None of And NYOB and other privacy activists have plenty of European
Your Business (NYOB). Parliament lawmaker support. It approved overwhelmingly
a non-binding resolution in May rejecting the December
“The third attempt of the European Commission to get a EU-U.S. Data Privacy Framework and insisted the European
stable agreement on EU-US data transfers will be likely back Commission should re-open negotiations with the United States
at the Court of Justice in a matter of months,” NYOB said in a instead of green-lighting the deal. The European Commission
recent statement in response to a July 10 European Commission adequacy decision’s criticism came after more than two years
“adequacy” decision insisting the Dec. 22 EU-U.S. Data Privacy of negotiations involving the highest levels of government on
Framework met the standards of the 2018 EU General Data both sides of the Atlantic Ocean including discussions between

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