EU-US Data Transfer Agreement Under EU Scrutiny

The EU-US data transfer agreement is under scrutiny following the incapacitation of the US Privacy and Civil Liberties Oversight Board. This raises questions about compliance with Schrems II standards, potentially disrupting transatlantic data flows and impacting international commerce.

Key points: The EU-US personal data transfer agreement could face increasing challenges due to recent developments in the United States. The European Parliament's Justice Committee has raised concerns about the agreement's compliance with "essential equivalence" requirements, this follows the Trump administration effectively dismissing all but one the Privacy and Civil Liberties Oversight Board (PCLOB) members. These concerns were set out in a letter from the committee chair to EU Home Affairs Commissioner, Michael McGrath

Why this matters:  The incapacitation of the PCLOB threatens the oversight provisions that were crucial to the agreement. If the European Commission concludes that the agreement no longer provides adequate protection, it could lead to a disruption of transatlantic data flows, potential impact on EU-UK data transfers, risk of the UK becoming a "backdoor" for US data access

What might happen next:  Legal challenges from privacy activists seeking to block data transfers in European courts are expected.  The European Commission's response to the Parliament's inquiry will be crucial in determining the fate of the EU-US Data Privacy Framework.

ADDITIONAL INFORMATION:

Further reading:

https://www.digitalsamba.com/blog/trump-presidency-threatens-the-stability-of-the-eu-us-data-transfer-agreement

https://www.brookings.edu/articles/why-dismantling-the-pclob-and-csrb-threatens-privacy-and-national-security/