European Commission publishes Data Privacy Framework

• Data exchange between the EU and the USA to become legally secure again

Berlin, 10 July 2023 - The European Commission published the Data Privacy Framework today. This provides a new legal mechanism for the transfer of personal data from the EU to the US, three years after the Privacy Shield was declared invalid by the European Court of Justice in 2020. Bitkom President Dr Ralf Wintergerst states:

"Today's publication of the Data Privacy Framework brings a three-year stalemate to an end. In principle, companies now have legal certainty again when they have to transfer personal data between the EU and the US. Small and medium-sized enterprises in particular will benefit from the fact that individual case reviews will no longer be necessary in the future. The arduous transatlantic negotiations were worthwhile and were also successful because the current US administration reacted to European concerns with an Executive Order last year and approached the EU.

However, it is also certain that this new framework will be reviewed again by the courts. There it will become clear whether the EU has found a legally robust regulation with the Data Privacy Framework. Data transfers are a central component of the global economy across all sectors and also of science. The obstruction or even prevention of data transfers often cannot simply be compensated for by alternative solutions and poses serious challenges for German and European companies."