IAPP: U.S. and EU Agree in General Terms On Data Flow Agreement
Chase Hador
25 Apr 2022
The U.S. and the EU have agreed in principle regarding a data flow agreement. Biden views this agreement as potentially beneficial for data privacy and the growth of the digital economy. Ursula Von der Leyen, the European Commission President, also views this agreement as a safeguard of privacy and civil liberties. The agreement comes as the U.S. takes measures to consolidate power in response to the Ukraine catastrophe.
However, the data flow history of the U.S. and EU is mired in indecision and uncertainty. Safe Harbor agreement was replaced by Privacy Shield in 2015 which too couldn’t last and was invalidated by CJEU in 2020.
Legal community has mixed views about the potential impact of the new agreement with some saying that it had made the former arrangement even harder and that like former agreements this too will finally be decided by court. The optimists think that it will enable flexible EU-U.S. data flows and an enhanced Privacy Shield. Read More.
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