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EDPB comments on the European Commission’s draft adequacy decision

10 October 2023

The European Data Protection Board (EDPB) has commented on the European Commission’s draft adequacy decision regarding the United States. An adequacy decision for the US would mean that data can be transferred to the country without the data exporter being required to provide further safeguards.

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The Commission’s draft decision is based on the EU-US Data Privacy Protection Framework intended to replace Privacy Shield, which was declared invalid in conjunction with Schrems II in 2020. The new Data Privacy Framework originates from an Executive Order from the Biden administration aiming to solve the deficiencies of Privacy Shield. EDPB welcomes the improvements in the new draft regarding the right to rectification and the principles of necessity and proportionality. However, the EDPB expresses concerns related to the rights of data subjects, onwards transfers, and the practical functioning of the redress mechanism. EDPB Chair Andrea Jelinek concludes that the ”improvements brought to the U.S. legal framework are significant”, but that it is vital to “address the concerns expressed and to provide clarifications requested to ensure the adequacy decision will endure”.