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[PIO] Announcement by the Commissioner for Personal Data Protection Ms Irene Lozidou Nicolaidou regarding a Decision of the European Commission

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Implementing Decision on the "EU-US Data Protection Framework"

The European Commission adopted yesterday, 10 July 2023, the Implementing Decision on the "EU-US Data Protection Framework". Under the new data protection framework, data transfers to the US can take place from EU countries to companies in the US without the need for another transfer instrument, associated safeguards or additional measures. However, US companies will be able to join the framework after committing to comply with a detailed set of privacy obligations.

The new framework is the third in a row European Commission adequacy decision for data transfers to the US. Since 26 July 2000, data transfers to the US have been covered by the European Commission's Safe Harbour Decision, which was annulled by the Court of Justice of the European Union (CJEU) on 6 October 2015, following an appeal by Max Schrems. Subsequently, on 12 July 2016, the European Commission's Privacy Shield Decision came into force, which was also annulled on 16 July 2020 by the CJEU, following a new appeal by Max Schrems.

Yesterday's Decision was adopted after extensive consultations between the Commission and the US, and following an Opinion of the European Data Protection Board. According to the Commission's Communication, safeguards are in place to limit the access of US intelligence authorities to as much data of European citizens as is necessary and proportionate to protect national security. Enhanced oversight of the activities of US intelligence agencies is also foreseen. Finally, it is considered important to establish a Data Protection Review Tribunal, which will investigate and resolve complaints from EU citizens regarding access to their data by US national security authorities.

The new framework will be subject to periodic reviews, by the European Commission in cooperation with representatives of the Union's data protection authorities. In particular, the first review will be conducted within one year of the entry into force of the adequacy decision.

(SX)



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