Nearly three years after a 2020 courtroom resolution threatened to grind transatlantic e-commerce to a halt, the European Union has adopted a plan that may permit US tech giants to continue storing data about European customers on American soil. In a choice introduced Monday, the European Commission authorized the Trans-Atlantic Data Privacy Framework. Under the phrases of the deal, the US will set up a courtroom Europeans can interact with in the event that they really feel a US tech platform violated their data privacy rights. President Joe Biden introduced the creation of the Data Protection Review Court in an govt order he signed final fall. The courtroom can order the deletion of user data and impose different remedial measures. The framework additionally limits entry to European user data by US intelligence businesses.
The Trans-Atlantic Data Privacy Framework is the most recent chapter in a saga that’s now greater than a decade within the making. It was solely earlier this yr the EU fined Meta a record-breaking €1.2 billion after it discovered that Facebook’s apply of shifting EU user data to US servers violated the bloc’s digital privacy legal guidelines. The EU additionally ordered Meta to delete the data it already had saved on its US servers if the corporate did not have a authorized means to hold that info there by the autumn. As The Wall Street Journal notes, Monday’s settlement ought to permit Meta to keep away from the necessity to delete any data, however the firm might find yourself nonetheless paying the effective.
Even with a brand new settlement in place, it most likely will not be easy crusing simply but for the businesses that rely essentially the most on cross-border data flows. Max Schrems, the lawyer who efficiently challenged the earlier Safe Harbor and Privacy Shield agreements that ruled transatlantic data transfers earlier than in the present day, informed The Journal he plans to problem the brand new framework. “We would need changes in US surveillance law to make this work and we simply don’t have it,” he stated. For what it is price, the European Commission says it is assured it may defend its new framework in courtroom.
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