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EU-US Data Privacy Framework 2023 - Adequacy Decision and Executive Order 14086

The EU-US Data Privacy Framework (DPF) is the third successor to Safe Harbor (invalidated by Schrems I in 2015) and Privacy Shield (invalidated by Schrems…

What EU-US Data Privacy Framework 2023 - Adequacy Decision and Executive Order 14086 requires

The EU-US Data Privacy Framework (DPF) is the third successor to Safe Harbor (invalidated by Schrems I in 2015) and Privacy Shield (invalidated by Schrems II in 2020), comprising Executive Order 14086 (Enhancing Safeguards for United States Signals Intelligence Activities, signed 7 October 2022), Attorney General Regulation 28 CFR Part 201 (creating the Data Protection Review Court), and the European Commission Adequacy Decision adopted 10 July 2023 (Commission Implementing Decision (EU) 2023/1795). Together these instruments establish a framework whereby US companies that self-certify compliance with the DPF Principles (Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability) administered by the Department of Commerce are deemed adequate recipients for personal data transferred from the EU under GDPR Chapter V. The DPF includes redress mechanisms through an independent Civil Liberties Protection Officer at ODNI and the Data Protection Review Court for EU complainants alleging signals intelligence misuse. The DPF also extends to the UK Data Bridge (UK adequacy regulation 2023/2024) and the Swiss-US DPF (Switzerland adequacy decision 2024). Companies must annually re-certify, maintain a DPF privacy program, and accept binding arbitration for unresolved EU complaints. The DPF framework is under ongoing legal challenge (Schrems III) and a successor mechanism is being prepared.

Pillar: Data Protection & Privacy · Authority: Department of Commerce International Trade Administration · Version: 1.0.0 · Last updated:

Primary source: https://www.dataprivacyframework.gov/

SHA-256 integrity: fa3911ca4645bf5f3eba96686d3d78e96950f6ba1a0a52876fc5becf7d2640cf

Primary Citations — 8 traced to source

  • Commission Implementing Decision (EU) 2023/1795 (EU-US Data Privacy Framework Adequacy Decision) https://eur-lex.europa.eu/eli/dec_impl/2023/1795/oj
  • Executive Order 14086 Enhancing Safeguards for United States Signals Intelligence Activities https://www.federalregister.gov/documents/2022/10/14/2022-22531/enhancing-safeguards-for-united-states-signals-intelligence-activities

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