Insights European Data Protection Board adopts statement on new Trans-Atlantic Data Privacy Framework


At its 63rd plenary meeting on 6 April 2021, the EDPB adopted a statement on the announcement of a new Trans-Atlantic Data Privacy Framework, as reported here. In the statement, the EDPB welcomes the commitments made by the US to take “unprecedented” measures to protect the privacy and personal data of individuals in the European Economic Area (EEA) when their data are transferred to the US as a positive first step in the right direction.

The EDPB notes that the announcement does not constitute a legal framework on the basis of which EEA data exporters can now transfer data to the US. It reminds data exporters that they must continue taking the necessary actions to comply with the case law of the CJEU, including the Schrems II decision of 16 July 2020. The EDPB says that it will pay special attention to how this political agreement is translated into concrete legal proposals and looks forward to assessing the improvements that the new framework might bring in light of EU law, CJEU case law and previous recommendations of the EDPB, once the EDPB receives all supporting documents from the European Commission.

In particular, the EDPB says that it will analyse whether the collection of personal data for national security purposes is limited to what is strictly necessary and proportionate. In addition, the EDPB will examine how the independent redress mechanism respects EEA individuals’ right to an effective remedy and to a fair trial. More specifically, the EDPB will consider whether any new authority in this mechanism has access to relevant information, including personal data, when exercising its mission and whether it can adopt decisions binding on the intelligence services. The EDPB will also consider whether there is a judicial remedy against this authority’s decisions or inaction.

The EDPB reiterates that it remains committed to playing a constructive role in securing transatlantic transfers of personal data that benefit EEA individuals and organisations. To read the EDPB’s press release in full and for a link to the statement, click here.