Biden signs an Executive Order to enable data sharing between the EU and the US

21 November 2022



On October 7, 2022, US President Joe Biden signed an Executive Order on enhancing safeguards for US signals intelligence activities. The Executive Order sets out the steps the US will take to implement its commitments under the EU-US Data Protection Framework.

For example, the new framework contains requirements that signals intelligence activities shall only be conducted with the aim of achieving established national security objectives and that they shall only be conducted when necessary to further an intelligence activity that has been confirmed and prioritised. These commitments have not yet been accepted as sufficient by the European Commission, which must consider if the commitments are enough to combat the problems which lead to the invalidation of Privacy Shield through Schrems II. The European Commission will now prepare a draft adequacy decision and then launch its adoption procedure.

Source: Questions & Answers: EU-U.S. Data Privacy Framework (


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