Joe Biden signs decree on new EU-US transport framework

This is a file that has been delayed for years and could eventually pick up speed. US President Joe Biden on Friday signed an executive order to advance implementation of a new framework for transition personal information From the European Union to the United States, which is critical to the digital economy. Washington and Brussels had reached an agreement in principle on the matter in March, with previous drafts being challenged by the Court of Justice of the European Union (CJEU) over concerns about US surveillance programs.

The US president’s signature on the decree will allow the European Commission to begin its own ratification process, which is supposed to take several months. “This is the culmination of our combined efforts to restore confidence and stability in transatlantic data flows,” US Commerce Secretary Gina Raimondo told reporters.

Confidentiality Guarantee

The text reinforces measures to ensure confidentiality and protect civil liberties in US surveillance programs targeting data They were collected in Europe and transported or hosted across the Atlantic.

It also creates an independent, binding mechanism for individuals in eligible countries to seek redress if they believe their personal data has been unlawfully collected by US intelligence. This mechanism provides two levels of appeal, one with an officer responsible for protecting civil liberties with the CIA, and one with an independent court set up by the Department of Justice. “These obligations comply fully with the Schrems II decision of the Court of Justice of the European Union and will cover transfers of personal data to the United States under EU law,” said Gina Raimondo.

In July 2020, the court found that ” Privacy Shield ‘, used by 5,000 American companies, including giants such as The Google where AmazonIt did not protect against “potential interference with the fundamental rights of the persons whose data is being transferred”.

Complaint against Facebook

The case was started by a Complaint against Facebook From Max Shrimsthe figure in the fight to protect data, is already at the origin of the 2015 ruling on Privacy Shield’s predecessor, Safe Harbor.

US administration officials acknowledged during the press conference that it is likely that the new version will be challenged again. They asserted that it was designed to meet the previous reservations of European justice.

CJEU’s decision was inundated with legal uncertainty companies operating in the European Union that transmit or host data across the Atlantic. They have since resorted to alternative solutions, with uncertain legality, to continue these transfers, while they wait for a more solid and sustainable system.