This is a file that has been dragging on for years and may finally be gathering momentum. US President Joe Biden on Friday signed an executive order allowing progress to implement a new framework for the transfer of personal data from the European Union to the United States, which is crucial for the digital economy. Washington and Brussels reached an agreement in principle on the issue in March, with earlier versions having been challenged by the Court of Justice of the European Union (ECJ) over concerns about US surveillance programs.
The US President’s signature of the decree will allow the European Commission to begin its own ratification process, which should take several months. “This is the culmination of our collective effort to restore trust and stability in transatlantic traffic,” US Secretary of Commerce Gina Raimondo said during a briefing with reporters.
guarantee confidentiality
The text reinforces measures to ensure confidentiality and protect civil liberties in American surveillance programs targeting data collected in Europe and transmitted or hosted across the Atlantic.
It also creates an independent and binding mechanism for individuals in eligible states to seek redress if they believe their personal information was unlawfully collected by US intelligence agencies. This mechanism provides for two levels of appeals, one with an official responsible for protecting civil liberties within the US Secret Service and the other with an independent court formed by the Department of Justice. “These commitments fully comply 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 the “Privacy Shield” used by 5,000 American companies, including giants like Google or Amazon, did not protect possible “interference with the fundamental rights of the persons whose data is transferred”.
Complaint against Facebook
The case was initiated by a lawsuit against Facebook by Max Schrems, a figure in the fight for privacy, already at the origin of the 2015 ruling on the Privacy Shield’s predecessor, Safe Harbor.
It’s possible the new version could be challenged again, US government officials conceded during the briefing. But it is designed to counteract the previous reservations of the European judiciary, they assured.
The decision of the ECJ had plunged companies operating in the EU that transmit or host data across the Atlantic into legal uncertainty. Since then, they have resorted to alternative solutions with more uncertain legality to continue these transfers while waiting for a more solid and sustainable system.