Will the third chord be correct? By signing an executive order on Friday to implement a new framework for the transfer of personal data from the European Union to the United States, Joe Biden provides an opportunity for companies and organizations on both sides to move forward on this important topic. Atlantic. Last March, the President of the United States and the President of the European Commission, Ursula von der Leyen, announced that they had reached an agreement in principle on this thorny issue, without further details. The two previous versions (Safe Harbor in 2015 and Privacy Shield in 2020) were challenged by the Court of Justice of the European Union (CJEU) following complaints from the activist Max Schrems Association. The court ruled that these agreements do not guarantee a level of data protection for European citizens transiting the US that is equivalent to the European regulation (GDPR), due to the possible interference of American extraterritorial laws (Patriot Act, Cloud). Act).
Therefore, the United States had to provide additional guarantees. The text signed on Friday strengthens measures to guarantee privacy and protect civil liberties in US surveillance programs that target data collected in Europe and transferred or hosted across the Atlantic.
It also creates an independent and binding mechanism for individuals in eligible states to seek redress if they believe their personal information has been unlawfully collected by US intelligence. This mechanism provides for two levels of appeal, one with the civil liberties officer at the US intelligence agency, and the other with an independent tribunal formed by the Department of Justice. “These obligations are fully in line with the Schrems II decision of the Court of Justice of the European Union and will extend to the transfer of personal data to the United States under EU law.said US Commerce Secretary Gina Raimondo.
The signing of the decree by the American president will allow the European Commission to start its own ratification process, which should last several months.
In July 2020, the Court found that “Privacy Shield“, which is used by thousands of American companies, including giants such as Google or Amazon, did not protect the possible.”interference with the fundamental rights of the persons to whom the data is transferred“. The case was initiated by a complaint against Facebook by Max Schrems, a figure fighting for data protection, already in 2015.Privacy Shield“, “Safe harbor“.
“If the new final text does not comply with European law, we or another group will probably challenge it. Finally, the Court of Justice will decide for the third time Max Schrems announced when announcing the new agreement in March. The American administration assures that this new version is intended to comply with the previous reservations of European justice. The decision of the CSIRO plunged thousands of organizations into legal limbo in the form of a legal black hole.
Source: Le Figaro
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.