A new legal mechanism to allow for transfers of personal data between the EU and the U.S. is now advancing after an October 7th, 2022 Executive Order was issued by U.S. President Biden (the “Executive Order”). The new mechanism is referred to as the EU-U.S. Data Privacy Framework (the “Framework”) and is intended to replace the now-defunct EU-U.S. Privacy Shield mechanism. Specifically, the Executive Order provides data protections that enables the potential creation of the Framework, which first debuted in a joint press conference in March 2022. Similar progress has also been made on an equivalent data transfer arrangement between the UK and U.S. governments. If realized and implemented, the Framework has the potential to lower legal barriers for personal data transfers between the EU and the UK, and the U.S.
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