May 17, 2022

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EU and US rules stand in the way of further agreement on data transfer

EU and US rules stand in the way of further agreement on data transfer

The official agreement on Atlantic overseas data exchanges is not yet on paper. Prior to that, the agreement must be tested against European and American law.

The European Union and the United States a Agreement in principle on data transfer Between the two continents. The path to data transfer is open, although there are still some obstacles to overcome before the contract actually ends.

During the deal, no further details were released. Last week, the European Data Protection Board (EDPB) released A statement It was pointed out that the focus will be on reaching an agreement.

“The EDPB will pay particular attention to how this political agreement translates into concrete legal proposals.” Because it is also important for the law Two previous contracts have already been canceled

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Points of attention

“The EDPB will specifically examine whether personal data collection is strictly necessary and proportionately limited for national security purposes.”

“In addition, the EDPB will examine how the announced independent relief mechanism respects individuals’ right to an effective settlement and fair investigation from the EEA (and the European Economic Area). And examine whether decisions can be made restricting intelligence services, and the EDPB will consider whether there is a legal remedy against the Commission’s decisions or fail to act.

Different interests

It is unclear how the EDPB will deal with the risks of previous contracts. After all, the U.S. surveillance program still exists and compliance with the set of European rules that precisely protects the citizen will inevitably be a challenge.

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If EU citizens believe that US services are misleading them, they should be given the opportunity to defend themselves. Information and cooperation from the US government are required to file a complaint. That’s where the shoe pinches, because rules are currently in place in the United States to make it much harder to get that evidence.