Hungarian Yearbook of International Law and European Law

Miscellaneous

Rebooting US-EU Data Transfers in the Pipeline

The Resurrection of the Acclaimed Privacy Shield

Keywords data protection, Privacy Shield, GDPR, surveillance, Schrems
Authors István Sabjanics
Author's information

István Sabjanics
István Sabjanics: senior lecturer, Pázmány Péter Catholic University, Budapest.
  • Abstract

      On 25 March 2022 US President Biden and European Commission President von der Leyen announced that an agreement in principle had been struck by their negotiating representatives. This came two years after the CJEU declared invalid the Commission’s Privacy Shield Decision regarding the adequacy of protection provided by the US. The joint announcement was welcomed with much anticipation. Economic and security concerns had been voiced on both sides of the Atlantic, while the desire to protect European privacy principles remain strong. Commission President von der Leyen underlined European hopes for a predictable and trustworthy data flow between the EU and the US, one that safeguards privacy and civil liberties. Not much has surfaced of the new deal. Still, with more than 20 years of experience in transatlantic data flow and two fatal decisions of the CJEU, we must assume that the proposal will yield more compliance with European data protection standards and less loopholes.

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