The EU-US Data Privacy Framework: Doomed Like Its Predecessors?

Abstract

As of 10 July 2023, the EU-US Data Privacy Framework became active 1 and allows for personal data to flow between the EU and US without the need for separate contractual arrangements (such as Standard Contractual Clauses (‘SCC’s’). However, with years of challenges and invalidation of (i) the EU-US Safe Harbor Framework and (ii) the EU-US Privacy Shield, it remains to be seen whether this new mechanism will fall foul of the same data privacy challenges as those mechanisms. Data Protection, International Data Transfers