President Joe Biden has signed an Executive Order on 7 October, 2022 on the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). It is the result of longer contractual negotiations, announced as Transatlantic Data Privacy Framework (“TADPF”), the successor of the EU-U.S.-Privacy Shield. The Court of Justice of the European Union had ruled in its judgement of 16 July, 2020 (Schrems II) that the EU-U.S. Privacy Shield is invalid. The White House has released a Fact Sheet to its Executive Order. At the same time the European Commission has initiated the procedure on the adequacy decision and has released an FAQ.
It remains unclear, whether this will be the solution for the much-discussed US data transfer or if it is just the looming of a “Schrems III Judgement” which can be presumed by the extensive criticism of noyb, Max Schrems’ NGO.