PublishedOctober 7, 2022

Transatlantic Data Flows: CCIA Welcomes Signing of Executive Order Enhancing Privacy Protections for Europeans and Facilitating Transfers

Washington – President Biden has signed an Executive Order responding to privacy concerns identified by the European Court of Justice (CJEU) in 2020. The Order introduces numerous improvements for European citizens’ privacy under U.S. law, including legally-binding limitations and stronger independent oversight over U.S. government access to Europeans’ data. The Order also provides European citizens with effective redress mechanisms to enforce those protections before U.S. authorities. 

The order comes six months after President Biden and European Commission President Ursula von der Leyen announced an agreement in principle on a new data transfer deal to replace the former Privacy Shield framework, which was invalidated by the CJEU two years ago. 

Since that EU court ruling, the two economies have been without clear guidelines for data transfers on the most trafficked route on the globe – impacting transactions such as travel reservations, social media communications, and insurance claims that implicate trillions of dollars of annual economic activity.

The Computer & Communications Industry Association has long advocated for strengthened  privacy protections for Europeans’ data and a durable legal framework for transatlantic data flows.

The following can be attributed to CCIA President Matt Schruers:

“We appreciate President Biden’s action to keep data flowing between the U.S. and EU, underpinning one of our deepest and most mutually beneficial trading relationships. Data transfers are at the heart of the transatlantic relationship, fueling the trade that keeps both of our economies running and brings benefits to consumers and businesses of all sizes who need legal clarity on mechanisms to transfer data.” 

The following can be attributed to CCIA Europe Senior Vice President and Head of Office, Christian Borggreen:

“This Executive Order responds to the concerns raised by the European Union, paving the way for a new and strengthened EU-U.S. Data Privacy Framework. The new agreement is of great importance, as it will support continued transatlantic commerce, strengthen data protection, and provide legal clarity for data transfers between the EU and U.S.”

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