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Joe Biden signs a decree for a new structure in the exchange between the EU and the US

Joe Biden signs a decree for a new structure in the exchange between the EU and the US

It’s a file that has dragged on for years and can finally pick up speed. US President Joe Biden on Friday signed an executive order to replace a new structure. Personal information From the EU to the US, digital is key to the economy. Washington and Brussels reached an agreement in principle on the matter in March, with earlier drafts challenged by the Court of Justice of the European Union (CJEU). US surveillance programs.

The US president’s signing of the order will allow the European Commission to begin its own approval process, which could take several months. “This is the culmination of our collective efforts to restore trust and stability in transatlantic data flows,” US Commerce Secretary Gina Raimondo said during a briefing with reporters.

Confidentiality is guaranteed

The text strengthens measures to ensure the protection of confidentiality and civil liberties in US surveillance programs. Information Collected in Europe and transferred or hosted across the Atlantic.

It creates an independent and binding mechanism for individuals in eligible states to seek redress if they believe their personal data has been unlawfully collected by US intelligence. This mechanism provides two levels of appeals, one with a civil liberties officer with the US Intelligence Directorate, and the other with an independent court created by the Justice Department. “These pledges fully respond to the Court of Justice of the European Union’s Schrems II decision and cover personal data transfers to the United States under EU law,” said Gina Raimondo.

In July 2020, the court “ Privacy Shield ”, used by over 5,000 US companies, including giants like Google Where AmazonIt does not protect against possible “interferences with the fundamental rights of persons to whom data is transferred”.

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Complain on Facebook

A. This case Complain on Facebook of Max SchremsThe fight for data protection already counts on the origin of the 2015 ruling on the progenitor of the “privacy shield”, the “safe harbor”.

The new version could be challenged again, US administration officials acknowledged during the briefing. But they promised it was designed to meet earlier reservations of European justice.

The CJEU’s decision plunged companies operating in the EU that transfer or host data across the Atlantic into legal uncertainty. They have resorted to alternative solutions, with still uncertain legality, to continue these transfers while awaiting a more concrete and stable system.