For a long time now, the transfer of data from one continent to another has raised a host of questions. Numerous efforts have already been made to smooth data traffic between Europe and the United States. Recently, however, it seems that a more permanent solution could be found. In other words, the ambition is simple: to ensure that data is processed in a meaningful way according to European standards.
I. INTRODUCTION
On March 25, 2022, the President of the European Commission, Ursula Von der Leyen, and the President of the United States of America, Joe Biden, announced an agreement concerning the transfer of European personal data to the United States.
It follows the invalidation on July 16, 2020, by the Court of Justice of the European Union of Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield, known as the “Privacy Shield” adequacy decision.
Its challenge is to provide a legal basis for transferring the personal data of European citizens to the United States that complies with the requirements of the General Data Protection Regulation.
Article extrait de European Journal of Compliance & Integity EJC&I, n° 3