After the failures of Safe Harbor he was born in Privacy Shieldthe European Commission has given the green light to the Data Privacy Framework, the new agreement regulating the transfer of personal data from the European Union to the United States. The agreement was reached in March 2022 between Ursula von der Leyen e Joe Bidenwhich in October issued an executive order to strengthen the data protection of European users.
What does the Data Privacy Framework between the EU and the US require?
The Data Privacy Framework requires US companies that receive personal data from Europe to commit to ensure an adequate and proportionate level of protection. Adequate means in line with the strictest European regulations. Furthermore, US intelligence agencies will only be able to access the data in exceptional and justified cases (such as national security). Finally, European citizens will have the possibility to submit complaints to an independent and impartial court (the DPRC).
The agreement will enter into force after publication in the Official Journal of the European Union and will be subject to an annual review to verify its effectiveness.
Noyb’s location
However, the agreement did not convince everyone. In particular, it did not convince the organization Noahled by the lawyer Max Schrems. He considers the Data Privacy Framework a simple repetition of the previous agreements invalidated by the Court of Justice of the European Union (with the Schrems I and II judgments).
Noyb Says FISA 702 Still Allows US Authorities to Mass Surveillance Over Non-American User Data. For this reason the organization has announced that it will present a new one complaint to the Court of Justice and will request the suspension of the agreement.