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    EC-US Joint Statement on Trans-Atlantic Data Privacy Framework

    March 25, 2022

    The European Commission (EC) and the United States announce that they have agreed in principle on a new Trans-Atlantic Data Privacy Framework, which will foster trans-Atlantic data flows.

    Based on the new framework, data will be able to flow freely and safely between the European Union and the participating companies in the United States. Under the Trans-Atlantic Data Privacy Framework, the United States is expected to:

    • put in place new safeguards to ensure that signals surveillance activities are necessary and proportionate in the pursuit of defined national security objectives
    • establish a two-level independent redress mechanism with binding authority to direct remedial measures
    • enhance rigorous and layered oversight of signals intelligence activities to ensure compliance with limitations on surveillance activities

    The framework will provide a durable basis for trans-Atlantic data flows, which are critical to protecting citizens' rights and enabling trans-Atlantic commerce in all sectors of the economy, including for small and medium enterprises. By advancing cross-border data flows, the new framework will promote an inclusive digital economy in which all people can participate and in which companies of all sizes from all of our countries can thrive. The teams of the U.S. government and EC will continue their cooperation with a view to translate this arrangement into legal documents that will need to be adopted on both sides to put in place this new Trans-Atlantic Data Privacy Framework. For that purpose, these U.S. commitments will be included in an Executive Order that will form the basis of the EC assessment in its future adequacy decision.

     

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    Keywords: Europe, Americas, EU, US, Banking, Insurance, Securities, Trans-Atlantic Data Privacy Framework, Cross-Border Cooperation, Data Privacy, White House, Cloud Service Providers, Third-Party Arrangements, Outsourcing Risk, EC

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