ABSTRACT
The EU Court of Justice’s (CJEU) July 2020 Schrems II decision generated significant uncertainty, as well as enforcement actions in various EU countries, as it questioned the lawfulness of transferring data to the United States under the General Data Protection Regulation (GDPR) while relying on ‘standard contractual clauses’.
President Joe Biden signed an executive order in October 2022 establishing a new data-protection framework to address this uncertainty. The European Commission responded in July 2023 by adopting an ‘Adequacy Decision’ under Article 45(3) of the GDPR, formally deeming US data-protection commitments to be adequate.
A member of the French Parliament has already filed the first legal challenge to the Adequacy Decision and another from Austrian privacy activist Max Schrems is expected soon …
Barczentewicz, Mikolaj, Schrems III: Gauging the Validity of the GDPR Adequacy Decision for the United States (September 25, 2023), International Center for Law and Economics Issue Brief 2023-09-25.
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