The European Union and the United States announce the conclusion of an agreement which should make it possible to transfer the data of users from the Old Continent while guaranteeing their security.
Brussels had launched a process at the end of last year which was to eventually give rise to a framework agreement guaranteeing the flow of data to the United States. Almost 7 months later, the European Commission and Washington announce that they have achieved their goal.
The data of Europeans better protected?
Would it be good? An agreement to secure the flow of data across the Atlantic has been reached between the American government and the Europeans. It should make it possible to put an end to the legal uncertainty in which large American companies find themselves using our data, but also to give more certainty to EU citizens to protect their data.
The agreement thus guarantees that the American intelligence services will only be able to have access necessary and proportionate to this data, while an appeal body has been set up for European citizens through a Data Protection Review Court.
Critics are already emerging
For Joe Biden, the deal represents a ” shared commitment to strong data privacy protection “. ” The principles of the data protection framework are sound, and I am confident that we have made significant progress which meets the requirements of the case law of the European Court of Justice [CJUE] “, for his part affirmed the European Commissioner for Justice Didier Reynders.
The CJEU is not mentioned for nothing. It was she who had invalidated in 2020 the previous agreement dealing with this problem, the famous Privacy Shield, with the Schrems 2 judgment in which she considered that the legislation in force in the United States did not make it possible to ensure security. European data. The Austrian activist who gave his name to this judgment, Max Schrems, has already criticized this agreement.
” The simple fact of announcing that something is “new”, “robust” or “effective” is not enough before the Court of Justice. For this to work, US surveillance laws would need to be changed. “, he noted. He also added that this agreement would also be challenged in court, probably in early 2024.
Source : Reuters
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