Client Alert: US Announces Safeguards for EU-US Data Flows under Trans-Atlantic Data Privacy Framework
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October 14, 2022
On October 7, 2022, President Biden signed an Executive Order establishing the US’s commitments with respect to the Trans-Atlantic Data Privacy Framework. With it, the Administration took a significant step toward establishing a new, more stable data privacy and cybersecurity environment for data transfers between the EU and US. It also fulfilled commitments the US had agreed to in principle as reflected in the March joint US-EU announcement of the Trans-Atlantic Data Privacy Framework. The Framework seeks to address perceived gaps in US surveillance law undercutting data protection rights of individuals in the EU that contributed to the European Court of Justice (CJEU) invalidating two previous data transfer frameworks between the EU and the US: the Safe Harbor framework in 2015 (Schrems I), and its successor, the Privacy Shield Framework in 2020 (Schrems II). The CJEU decisions found that US surveillance law meant that US entities participating in the prior data-transfer frameworks could not provide “adequate” protection for EU personal data as required under the European General Data Protection Regulation (GDPR). For the last two years, companies that exchange data between the EU and the US have faced a great deal of legal uncertainty. The Trans-Atlantic Data Privacy Framework and the EO represent a path toward restoring a legal basis for these economically vital data flows.
To read the full client alert, click here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
October 14, 2022
On October 7, 2022, President Biden signed an Executive Order establishing the US’s commitments with respect to the Trans-Atlantic Data Privacy Framework. With it, the Administration took a significant step toward establishing a new, more stable data privacy and cybersecurity environment for data transfers between the EU and US. It also fulfilled commitments the US had agreed to in principle as reflected in the March joint US-EU announcement of the Trans-Atlantic Data Privacy Framework. The Framework seeks to address perceived gaps in US surveillance law undercutting data protection rights of individuals in the EU that contributed to the European Court of Justice (CJEU) invalidating two previous data transfer frameworks between the EU and the US: the Safe Harbor framework in 2015 (Schrems I), and its successor, the Privacy Shield Framework in 2020 (Schrems II). The CJEU decisions found that US surveillance law meant that US entities participating in the prior data-transfer frameworks could not provide “adequate” protection for EU personal data as required under the European General Data Protection Regulation (GDPR). For the last two years, companies that exchange data between the EU and the US have faced a great deal of legal uncertainty. The Trans-Atlantic Data Privacy Framework and the EO represent a path toward restoring a legal basis for these economically vital data flows.
To read the full client alert, click here.
Related Lawyers
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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