Preiskel & CoPreiskel & Co
Preiskel & Co
A boutique law firm in London
  • Home
  • About Us
    • Diversity, Social Responsibility, and Pro Bono
  • Services
    • Corporate
    • Commercial
    • Regulatory
    • Competition & Antitrust
    • Data Protection, Privacy, and Retention
    • Intellectual Property
    • Dispute Resolution
    • Employment
  • Sectors
    • Telecommunications
    • IT, Technology, & Internet
    • Media and Broadcasting
    • Websites, Blogging, & Social Media
    • Film & Television
    • Gambling & Online Gaming
    • Leisure & Retail
    • Energy & Minerals
    • Cryptocurrency & Blockchain
    • Creative Industries
  • People
    • Daniel Preiskel
    • Ronnie Preiskel
    • Tim Cowen
    • Jose Saras
    • Robert Dougans
    • Karthyaeni Vittala
    • Tina Cowen
    • Xavier Prida
    • Martina Raciti
    • Ewelina James
    • Rachael Machado
    • Maria Constantin
    • Peter Dally
    • Richard Stewart
    • Joanna Coombs-Huang
    • Paul Stelges
    • Hannah Leader
    • Alison MacFarlane
    • Ilanit Appelfeld
    • Daniel Oakland
    • Sophia Yakhno
    • Sue Warwick
    • D A T Green
    • Antony Corel
    • Stewart White
    • Mor Swiel
    • Stephen Hornsby
    • Tony Curzon-Price
    • Robert Harvey
    • Shardi Shameli
  • International
  • Blog
  • News
    • Publications
  • Contact
Menu back  

Imminent US adequacy decision to be met by legal challenges from privacy advocates

December 13, 2022By Preiskel & Co

An adequacy decision for the US under Article 45 of the GDPR is expected to be issued this week by the European Commission, which would in practice deem the level of data protection in the US as essentially equivalent to that in the EU, thus re-enabling seamless transatlantic data flows. However, activist groups including Nyob headed by Austrian privacy advocate Max Schrems, have already anticipated that they will contest it.

Since the Privacy Shield was ruled as invalid by the EUCJ in July 2020, the US and the EU have been negotiating a new deal following the executive order issued by US President Joe Biden in October 2022 which implemented the political agreement announced by both countries earlier in March. Companies that adhere to the principles of the New EU-US Data Privacy Framework will accordingly be allowed to freely transfer personal data across the Atlantic.

Activist groups are nevertheless expected to contest the new EU-US data transfer deal by seeking an injunction in a national court against a company relying on the new adequacy decision with such case then likely being referred to the EU’s highest court. As soon as the executive order was issued by US President Biden, Schrems insisted that the data protection framework in the US is not yet fully complying with the requirements of the EUCJ 2020 decision. Amongst the main concerns raised, is the continuous “bulk surveillance” and claims that the new Data Protection Review Court is not an “actual” court in the normal meaning of the US Constitution but rather a body within the US government’s executive branch.

Once the draft adequacy is issued, the European Commission should engage with both the EDPB and European Member States who could in turn try to oppose the deal, although their findings are not technically binding on the Commission. The overall process can take some time, so we will continue to closely monitor this developing piece of legislation and updating our blog accordingly.

Please contact Jose Saras and Xavier Prida if you have any questions about international data transfers.

The material in this article is only for general review of the topics covered and does not constitute legal advice. No legal or business decision should be based on its content.

 

Latest Preiskel & Co blog posts
  • CMA AI Report: The Foundation of the UK’s AI Response
    September 21, 2023
  • Navigating Health Data Compliance: A Roadmap for Employers
    September 21, 2023
  • Transatlantic convergence? Recent cases on advertising and privacy from the USA and UK
    September 15, 2023
  • Practical Guide – Net Neutrality in the UK
    September 14, 2023
  • Virgin succeeded in defending a claim by EE for loss of EE’s profits caused by Virgin’s breach of the MVNO Exclusivity Clause
    September 12, 2023
  • Getting out of a (data) scrape: global statement published for the protection of publicly accessible personal data online
    September 8, 2023
  • The dark side of design: the ICO and CMA call for businesses to rethink their website layouts
    August 18, 2023
  • Could the Supreme Court’s ruling on litigation funding agreements cause havoc for litigation funders?
    August 17, 2023
  • US Threats of a ‘Te(ch)xodus’ from the UK?
    August 17, 2023
  • Smoother Sailing for EU-US Data Transfers after GDPR Adequacy Decision
    August 4, 2023
  • Unlocking Data Flows: EU-US Data Privacy Framework Receives Adequacy Decision
    July 13, 2023
  • UK’s World Leading Approach on Artificial Intelligence – White Paper outlines 5 guideline principles for responsible use of AI
    July 5, 2023

The Preiskel Blog

  • CMA AI Report: The Foundation of the UK’s AI Response 21 Sep 2023
  • Navigating Health Data Compliance: A Roadmap for Employers 21 Sep 2023
  • Transatlantic convergence? Recent cases on advertising and privacy from the USA and UK 15 Sep 2023
  • Practical Guide – Net Neutrality in the UK 14 Sep 2023

Preiskel news

  • Practical Guide – Net Neutrality in the UK
  • Danny Preiskel featured in GCCM Magazine (June/July 2023 issue 55)  
  • Danny Preiskel moderating a panel at the MEF Connects – The Future of Fraud Prevention event (5th September 2023, hybrid)
  • Preiskel & Co advised TMT Analysis on the acquisition of Phronesis Technologies
Preiskel & Co LLP
4 King's Bench Walk,
Temple,
London
EC4Y 7DL
United Kingdom

Tel: +44 20 7332 5640
Email: info@preiskel.com

Find us on:

TwitterLinkedinMail
© Preiskel & Co LLP 2023 | Site map | Legal notices | Cookie Policy | Privacy

         

We use analytic cookies to help us understand how many visitors we have and how they move around our website. This helps us improving our website. You can accept or reject our use of analytic cookies and update your choices at any time. See our Cookie Policy to learn more about how we use essential and analytic cookies and to update your choices.OKReject analyticsCookie policy