GABRIELE RUGANI, The Latest Developments of the EU-US Personal Data Transfers Saga: the Executive Order Signed by US President Biden on 7 October 2022 and the Draft Adequacy Decision Presented by the EU Commission on 13 December 2022

ABSTRACT – The contribution takes into consideration the latest developments of the EU-US personal data transfers saga. After the adequacy decision that allowed data flows towards the United States was invalidated by the CJEU, the EU Commission and the US intensified negotiations in order to address the flaws of the previous legal framework. As a result of the agreement in principle reached by the parties, on 7 October 2022 US President Biden signed the “Executive Order On Enhancing Safeguards For United States Signals Intelligence Activities”, and on 13 December 2022 the EU Commission presented the “Draft Adequacy Decision for the EU-US Data Privacy Framework”, launching the process towards the adoption of a new adequacy decision. This post, after analysing the new legal framework, highlights the main unsolved issues that could lead to a new legal action in front of the CJEU. However, the contribution also takes into account the positive aspects for the EU.


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