The United States and the European Commission announce that they have reached an agreement in principle on a new transatlantic data privacy framework, which will promote transatlantic data flows and address concerns raised by the European Court of Justice European in the Schrem II July 2020 decision.

The new framework marks an unprecedented commitment by the United States to implement reforms that will strengthen privacy and civil liberties protections applicable to U.S. signals intelligence activities. Under the Transatlantic Data Privacy Framework, the United States must put in place new safeguards to ensure that signal surveillance activities are necessary and proportionate to the pursuit of defined national security objectives, establish a recourse mechanism two-tier independent with binding power for direct corrective action and enhance rigorous, multidimensional monitoring of signals intelligence activities to ensure compliance with limits on surveillance activities.

The Transatlantic Data Privacy Framework reflects more than a year of extensive negotiations between the United States and the EU led by Commerce Secretary Gina Raimondo and Justice Commissioner Didier Reynders. It will provide a sustainable basis for transatlantic data flows, which are essential to protect citizens’ rights and enable transatlantic trade in all sectors of the economy, including for small and medium-sized enterprises. By advancing cross-border data flows, the new framework will foster an inclusive digital economy in which everyone can participate and in which businesses of all sizes in all our countries can thrive.

This announcement is yet another demonstration of the strength of the US-EU relationship as we continue to deepen our partnership as a community of democracies to ensure both security and respect for life. privacy and to provide economic opportunities for our businesses and citizens. The new framework will facilitate further cooperation between the United States and the EU, including through the Trade and Technology Council and through multilateral forums, such as the Organization for Economic Co-operation and Development. , on digital policies.

Teams from the US Government and the European Commission will now continue their cooperation to translate this arrangement into legal documents that will need to be adopted by both sides to put this new transatlantic data privacy framework in place. To this end, these US commitments will be included in an executive order which will form the basis of the Commission’s assessment in its future adequacy decision.

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