The framework addresses both sides’ concerns over the necessity and proportionality of U.S. national security-related data collection. It is intended to ensure sufficient means of redress are provided to EU citizens whose data has been collected and processed in the U.S. These concerns contributed to the invalidation of the prior Privacy Shield Framework.

The Trans-Atlantic Data Privacy Framework attempts to address the concerns of the Court of Justice of the European Union which in 2020 invalidated the original Privacy Shield Framework. As a legal matter, it will be critical to the success of the framework that EU courts and members of civil society concur that the new framework contains sufficient fundamental privacy protections. The new framework will have a similar adherence structure as the invalidated Privacy Shield.

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Reproduced with permission. Published April 11, 2022. Copyright 2022 The Bureau of National Affairs, Inc. 800-372-1033. For further use, please visit bna.com.