Privacy Shield 2.0 —Third Time’s the Charm?

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Lawfare

In March, European Union President Ursula von der Leyen and U.S. President Joe Biden announced that they had agreed to a Trans-Atlantic Data Privacy Framework. This follows nearly two years of negotiations, across two U.S. administrations, because the 2015 agreement struck by the U.S. and EU—Privacy Shield—was found to be deficient by the Court of Justice for the European Union (CJEU) in 2020. The CJEU’s findings centered on U.S. surveillance laws and their inadequacy to meet standards in the EU Charter of Fundamental Rights, specifically the Foreign Intelligence Surveillance Act (FISA) Amendments Act Section 702 (FAA 702) and Executive Order 12333. 

Privacy Shield 2.0 —Third Time’s the Charm?