Despite Executive Order, EU-U.S. Data Transfer Framework Still Has Long Road Ahead
Legaltech News
Legaltech News
Bob Litt spoke to Legaltech News about President Biden signing an executive order to implement the new EU-U.S. Data Privacy Framework, which will replace the former data partnership outlined in the Privacy Shield.
According to Bob, if the European Commission approves the framework, the time-consuming burden of data transfer inpact assessments (TIAs) may be reduced.
“As for U.S. surveillance law, we will be able to say that the existence of this [EU-U.S.] framework ensures that there are adequate protections in place that [businesses] won’t have to go through the long, elaborate process of TIAs,” Bob said. “There will still be other privacy issues that could come up, but these surveillance issues that were the stumbling point in Schrems should drop out.”
He added: “Once [they] announced in March that they reached an agreement, I think most people felt that the final product was going to look something like this—which is to say it would provide for some sort of administrative record, redress mechanism with independence protections and some tightening for the EU rules of U.S. surveillance. But until [it actually passes], there’s still some risk in using Privacy Shield, although it’s probably a lesser risk than it was before this agreement was reached.”
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