The New Framework for Transatlantic Data Transfers

This article discusses the proposed new transatlantic data transfer arrangement which is meant to replace the Privacy Shield recently annulled by the Court of Justice of the European Union. The paper begins with the basic reasons for the Schrems II judgment and its consequences. It then looks at the US presidential order forming the basis for the agreement and the proposed EU Adequacy Decision. The proposed mechanism for transfer and the safeguards are analysed. It is concluded that the concession the American side had given are important albeit inadequate and that further challenges are likely in the future.