After more than two years of a perilous environment for personal data transfers between the European Union (“EU”) and the United States (“U.S.”) and much negotiation between the parties, on October 7, 2022, President Joe Biden issued an Executive Order[1] on “Enhancing Safeguards for United States Signals Intelligence Activities.” The Executive Orders paves the way to easing tensions around cross-border transfers between the EU and the U.S. and is a major step towards implementing a new EU-U.S. Data Privacy Framework (“DPF”). If successfully implemented, the DPF would allow personal data to be smoothly transferred from the EU to the U.S. for the first time since 2020 when the Privacy Shield Framework was invalidated by the EU Court of Justice (“CJEU”) in a landmark decision on data transfers, known as Schrems II.
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