Preiskel & CoPreiskel & Co
Preiskel & Co
  • 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
    • Tina Cowen
    • D A T Green
    • Karthyaeni Vittala
    • Richard Stewart
    • Mor Swiel
    • Ilanit Appelfeld
    • Stephen Dnes
    • Daniel Oakland
    • Robert Harvey
    • Martina Raciti
    • Joanna Coombs-Huang
    • Xavier Prida
    • Stewart White
    • Alison MacFarlane
    • Hannah Leader
    • Peter Dally
    • Antony Corel
    • Sue Warwick
    • Tony Curzon-Price
    • Shardi Shameli
    • Stephen Hornsby
    • Ewelina James
    • Maria Constantin
    • Sophia Yakhno
  • 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.

 

Leave Comment

Cancel reply

Your email address will not be published. Required fields are marked *

clear formSubmit

Latest Preiskel & Co blog posts
  • General EU Requirements for Cookie Banners – EDPB Task Force Report
    January 27, 2023
  • Ofcom Launches Investigation into BT Following Suspected Breaches of Consumer Protections Post Implementation of EECC
    January 27, 2023
  • Important decision impacting how companies must provide personal data requested by data subjects under their access rights
    January 19, 2023
  • NIS 2 Directive – Enhanced Common Level Cybersecurity Across the EU
    January 12, 2023
  • Saving the WWW from the W3C
    December 20, 2022
  • Imminent US adequacy decision to be met by legal challenges from privacy advocates
    December 13, 2022
  • Preiskel & Co Client, Nadira Murray’s awards for film “Winners”
    December 13, 2022
  • Telecoms Security Framework (TSF) – Background and Requirements
    December 8, 2022
  • Updated EU Commission decision paves way for 5G on the road and in-flight connectivity innovation
    November 29, 2022
  • Controller Binding Corporate Rules – EDPB adopts new recommendations on the application for approval and the elements and principles of the Rules
    November 25, 2022
  • ICO reveals new transfer risk assessment tool
    November 25, 2022
  • Ofcom publishes new rules for telecoms providers to combat scam calls
    November 23, 2022

The Preiskel Blog

  • General EU Requirements for Cookie Banners – EDPB Task Force Report 27 Jan 2023
  • Ofcom Launches Investigation into BT Following Suspected Breaches of Consumer Protections Post Implementation of EECC 27 Jan 2023
  • Important decision impacting how companies must provide personal data requested by data subjects under their access rights 19 Jan 2023
  • NIS 2 Directive – Enhanced Common Level Cybersecurity Across the EU 12 Jan 2023

Preiskel news

  • Danny Preiskel to speak at the Westminster eForum policy conference ‘Next steps for the UK mobile industry’
  • Preiskel & Co’s corporate team advised IXAfrica regarding a highly significant technology infrastructure investment for East Africa
  • Preiskel & Co’s Technology M&A Global Practice Guide published by Chambers
  • Preiskel & Co Client, Nadira Murray’s awards for film “Winners”
Preiskel tweets
  • Danny Preiskel to speak at the @WeFEvents eForum policy conference ‘Next steps for the UK mobile industry’. Find ou… https://t.co/ELDiFBj6Zo3 days ago
  • General EU Requirements for Cookie Banners – EDPB Task Force Report. Find out more here: https://t.co/2yGdpzOEZp #cookies #EDPB8 days ago
  • Ofcom Launches Investigation into BT Following Suspected Breaches of Consumer Protections Post Implementation of EE… https://t.co/7hgZjWQ16T8 days ago
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