August 29, 2023

transatlantic agreement

the EU Commission announced the adoption of an "adequacy decision" for the USA

In an era of ever-increasing data privacy concerns, the European Union (EU) and the United States (USA) have taken a significant step towards establishing a robust transatlantic data protection framework. On Monday, July 10th, the EU Commission announced the adoption of an “adequacy decision” for the USA, signaling the commencement of a new data transfer agreement. This development is crucial for companies seeking to comply with the EU’s General Data Protection Regulation (GDPR). It also opens up exciting possibilities for businesses on both sides of the Atlantic. In today’s blog post, we’ll explore the implications of this decision, discuss the challenges it addresses, and examine its impact on different businesses.

A New Era of Legal Data Transfers

With the EU Commission’s “adequacy decision,” American companies can now legally receive personal data from organizations in the EU. This decision represents the final piece of the puzzle following the completion of necessary steps by the USA the previous week. As of Tuesday, July 11th, the transatlantic data protection agreement between the USA and the EU is officially in effect, offering a renewed sense of security for cross-border data transfers.

Certification and Compliance

It’s important to note that while the agreement is in place, not all data transfers to the USA are automatically considered legal. American companies must obtain certification under the “EU-U.S. DPF” (EU-U.S. Data Protection Framework) from the US Department of Commerce before receiving data from EU-based data controllers, as per the requirements of the GDPR. To identify certified companies, you can refer to the official list provided by the US Department of Commerce.

Addressing Past Challenges

The need for a new transatlantic data protection agreement arose following the invalidation of the previous Privacy Shield framework on July 16th, 2020, known as Schrems II. This invalidated agreement led to widespread concerns regarding the compliance of widely used software tools such as Google Analytics 4 and Meta’s Pixel. The void left by Privacy Shield emphasized the urgency for a comprehensive Privacy Framework, making the adoption of the new agreement a highly anticipated development.

Enabling Business Growth

The EU Commission’s decision paves the way for the legal use of essential software tools, including Google Analytics 4, Meta’s Pixel, and many others. This milestone empowers businesses to leverage these tools confidently, knowing that data transfers are now conducted within a robust legal framework. For companies like yours, this means improved efficiency, accurate analytics, and compliance with GDPR regulations.

Remaining Vigilant

While the transatlantic data protection agreement marks a significant advancement, it is essential to remain informed about ongoing developments. European supervisory authorities have long focused on ensuring compliance, particularly with regards to Google Analytics and similar American software products. As such, companies must be diligent in their efforts to meet GDPR requirements and maintain data protection standards.

Our Commitment to Your Success

At Northprim, we understand the significance of these developments and their impact on your business operations. We are closely monitoring Google’s, Meta’s, and other key players’ certification processes, ensuring that we stay well-informed to support your needs. Our aim is to provide you with up-to-date information, enabling you to navigate the evolving landscape of data protection with confidence.

 

The transatlantic data protection agreement between the EU and the USA marks a new era of secure and compliant data transfers. With the adoption of the “adequacy decision,” businesses on both sides of the Atlantic can harness the power of essential software tools, knowing that their data transfers comply with the GDPR. While challenges still exist, our commitment at Northprim is to keep you informed and equipped to make the most of these transformative changes. Together, we can ensure that your business thrives in a privacy-centric and data-driven world.

 

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