Progress in EU-USA agreement on new Trans-Atlantic Data Privacy Framework

On 25 march 2022, The President of the EU Commision, Ursula von der Leyen met President of the United States, Joe Biden. On of the subject brought up in the statement was agreement in principle on a new transatlantic data flows framework. On the same day, EU Commissioner for Justice met with US Secretary of Commerce and they announced decision of intensifying negotiations on new Privacy Shield. An agreement provides predictable and trustworthy data flows, safeguarding privacy and civil liberties.
The first factsheets about principles of the new agreement have been published. Whole deal stands on providing safe on free flow of data between EU and American companies. What is new, there’s going to be a clear and binding safeguards for US authorities to limit their access to data and to make their data processing compatible with European necessary and proportionate standards. Arbitrary decisions of US authorities on data processing was main objection that was brought up against last EU-USA agreement. Interesting provision concerns efficiency of providing proper fulfillment of individual rights. Parties are about to establish new institution that will investigate and resolve complaints of Europeans on American subjects that are processing their data.

Framework of cooperation between EU and USA is concerned on providing efficient protection of transatlantic data flow, especially make it compatible with recommendation included in Schrems II ruling of ECJ that made previous agreement illegal. Free and safe data flows, adequate control of US authorities, protection from taking advantage of loopholes from American companies and creating an effective system for individuals to make their rights real are main ideas, which will become effective soon. It could thus facilitate trade between the EU and the United States, which is worth EUR 900 billion a year.