EU-US Data Privacy Framework

In July 2023, the European Commission approved the Transatlantic EU-US Data Privacy Framework (DPF). This move reaffirms that an adequate level of protection for personal data transferred from the EU to the US is established, aligning with the protection standards set by the EU's General Data Protection Regulation (GDPR). However, this only applies to data sent to US companies that participate in the DPF through self-certification. The newly established framework aims to base the data transmission from the EU to the US on a new legal foundation, reflecting on the criticism raised by the European Court of Justice (ECJ) in 2020 and the "Privacy Shield"'s failure. This development offers legal certainty for EU companies wishing to collaborate with DPF-certified US companies in processing personal data, despite some critics not seeing a significant shift from previous treaties.

Strengthening Trust in Digital Transactions:  the EU-US Data Privacy Framework for the Digital Euro Era

The landmark approval of the Transatlantic EU-US Data Privacy Framework (DPF) by the European Commission in July 2023 ushers in a new era of enhanced data protection, offering increased certainty for EU-US digital transactions. This development could be instrumental in paving the way for the anticipated advent of the digital euro, as it strengthens trust in cross-border digital transactions and, consequently, accelerates the digital euro's global acceptance.

With its eyes set on global data protection harmonisation, the DPF approval reinforces compliance with the EU's General Data Protection Regulation (GDPR). This framework impacts a wide array of financial institutions, including banks, insurance companies, investment firms, and payment service providers, all of which routinely transfer personal data between the EU and the US.

The DPF presents a unique opportunity for these institutions to bolster their reputation by ensuring stricter data protection practices. A key aspect of the framework is that it compels US companies to achieve self-certification, offering an assurance of their data protection practices. This could be a game-changer, fostering an environment of increased trust in digital transactions.

However, it's crucial for financial institutions to understand that compliance with the DPF is an ongoing journey. Measures such as verifying the DPF-certification of US partners, revising data transfer agreements to meet DPF requirements, and continuously monitoring compliance are necessary to maintain adherence to GDPR's evolving standards.

The DPF could also pave the way for similar agreements with other regions, extending GDPR's reach globally. Furthermore, the potential establishment of an independent Data Protection Review Court in the US under the DPF provides a significant boost to the rights of EU citizens in the digital sphere, making the digital economy more accessible and trust-worthy.

In conclusion, the approval of the DPF marks a significant step in creating a safer, more reliable digital transaction environment, indispensable for the successful implementation and acceptance of the digital euro. Financial institutions must now gear up to align their data transfer and protection practices with this framework, turning compliance into a strategic advantage in the era of the digital euro.

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EU Commission confirms transatlantic Data Privacy Framework

On 10th of July 2023, the European Commission approved the transatlantic EU-U.S. Data Privacy Framework (DPF) via an adequacy decision.

PAYMENT.TECHNOLOGY.LAW.Jana Terpetschnig