EU-US Data Privacy Framework
The new EU-U.S. Data Privacy Framework came into effect stating that the United States provides protection for personal data transferred from the European Union .
It enables safe data transmission from the E.U. to U.S. companies involved in the Framework without any additional data protection measures.
The Framework introduces safeguards that address concerns previously raised by the European Court of Justice. These safeguards restrict the access of U.S. intelligence services to E.U. data, clearly demarcating the essential ones along with establishing a Data Protection Review Court (DPRC). E.U. citizens are expected to have access to this concerned court .
Enhanced Safeguards Over Various Mechanisms
The new Framework offers significant improvements compared to the previous Privacy Shield mechanism. For instance, if the DPRC determines data has been collected violating the new safeguards, deletion of data can be ordered . It aims to ensure safe data flows for Europeans and bring legal certainty to companies on both sides of the Atlantic .
U.S. companies seeking data from the E.U. must adhere to the provisions of the new safeguards concerning dispensation’s access to data.
Compliance Protocol For U.S. Firms
U.S. firms can join the Framework to comply with a set of privacy aspects .
These include deleting personal data when it’s no longer necessary as deemed fit and ensuring protection when data is shared with third parties.
E.U. citizens will have numerous avenues for redressal if U.S. firms misuse their data. This includes free, independent dispute resolution mechanisms and an arbitration panel.
The Way Forward
The functioning of this piece of legislation will be subject to periodic reviews conducted by the EU Commission, EU data protection authorities, and competent U.S. agencies. The first review is scheduled within a year of the implementation of the adequacy decision. Legality of tools like Google Analytics (GA4) still serve as a grey area owing to varied opinions across various EU dispensations and privacy watchdogs .
Data adequacy is a status granted by the European Commission to countries outside the European Economic Area (EEA) who provide a level of personal data protection comparable to that provided in European law.
About The Author :
Aditya Krishnan is a Senior Digital Strategist & Consultant with rich experience across different sectors and practices at a global level. He has authored several publications on Digital Marketing , Transformation, Delivery/Operations, Technology etc across portals and shares his views regularly on latest trends in the digital /technology and marketing space . He is also invited as a guest speaker by leading B-schools and in industry events . As a social initiative he has started a knowledge platform ‘Insights From Aditya’ on Linkedin to share latest insights and perspectives on various digital, technology and marketing topics with an aim to spread knowledge and raise awareness . In addition to it he is also a reputed author , poet and an avid researcher . He recently published his book “ A string of pearls” a collection of best set of poems .
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