The pact for the data flow between the United States and the European Union It continues to advance, but at a very slow pace. After President Biden instituted the new US Transatlantic Data Policy Framework last October, the European Comission has offered its resolution and details that the protection of personal data transferred from the EU to US companies is guaranteed.
Despite everything, there is much criticism surrounding this agreement and numerous voices are putting pressure on the European Data Protection Board (EDPB)who is the one who now had the ball on his roof, everything points to the fact that the institution has finally approved and issued a favorable opinion.
The most critical reiterate their idea that this Framework does not guarantee that the US security forces will not access the data of EU citizens once they are in their hands.
What is the next step? Approval by a committee made up of representatives of the EU member states and the European Parliament, which among its functions may control adequacy decisions. As soon as both organizations give their approval, the Commission may proceed to formally adopt the new legislation on data traffic.
The Commission is very favorable to the agreement. This has been made known by the vice president of values and transparency, V?ra Jourová, who believes that this new framework will improve the security of personal data transferred from Europe to the US.
The aforementioned Data Policy Framework is good for companies, but also for the transatlantic cooperation, guaranteeing their survival in future years. Both territories have a consolidated democratic system, so they must defend the fundamental rights of citizens, among which stands out the Data Protection. As everything is so digitized, Jourová points out, this agreement becomes a necessity not for the future, but for the present.
Essential requirements
If final approval is granted, US companies will have to agree to comply with the privacy regulationsfixed by the General Data Protection Regulation of the EU.
Among them, the elimination of personal data of clients and institutions stands out when they are not necessary for the purpose for which they were collected. This aspect is essential, especially if the data is shared with third parties.
How will citizens be protected? Through the new Data Protection Review Court. This will be the recipient of formal complaints from the citizens of the European Union if they see that their data is used, in violation of the established regulations, by US intelligence agencies. Said Tribunal will be a completely independent and impartial supervisory, damage repair and control body.
Subject to all relevant bureaucratic approvals from the EU, this new Data Policy Framework is not expected to be in force before spring 2023.
This new Transatlantic Data Policy Framework replaces previous agreements such as the privacy shieldwhich was canceled by the Court of Justice of the European Union as a result of the US not offering protection to personal data.
