EU-U.S. Data Privacy Framework Review Confirms U.S. Compliance
The European Commission has completed its first review of the EU-U.S. Data Privacy Framework (DPF) after its initial year of implementation. The Commission concluded that U.S. authorities have established the necessary structures and procedures for the DPF to function effectively. According to the adequacy decision, the next review is scheduled for three years from now. DigitalEurope’s Policy and Legal Counsel, Alberto Di Felice, highlighted the significance of this timeline, indicating strong cooperation between the EU and U.S. authorities.
The review focused on assessing whether the key elements of the DPF are operational and how the safeguards for data processing and access by public authorities are being applied. A meeting held in Washington, D.C., brought together representatives from various EU and U.S. agencies to discuss the progress made. The European Commission received feedback from 40 stakeholders, which was incorporated into the final report. Notably, over 2,800 U.S. companies are now certified under the DPF, representing a growth from the previous Privacy Shield agreement.
The report also emphasized the importance of legal and regulatory developments in the U.S., which are seen as steps toward ensuring the DPF’s success. The implementation of Executive Order 14086, aimed at enhancing safeguards for U.S. intelligence activities, was praised. However, concerns were raised about U.S. intelligence agencies purchasing personal data from commercial brokers, which may pose challenges under the DPF’s principles.
Looking ahead, the Commission has called for continued monitoring of U.S. compliance with the DPF and the activation of the Data Protection Review Court, which was established to handle complaints from EU citizens regarding U.S. intelligence practices. Though no complaints have yet been filed, the Commission remains optimistic about the new mechanisms. The upcoming U.S. presidential election could impact the DPF, but experts believe that the framework will likely remain intact regardless of the administration in power.
