On February 28, 2023, the European Data Protection Board (“EDPB”) issued its opinion on the draft adequacy decision of the European Commission (the “Commission”) on the new EU-US Data Privacy Framework (“DPF”). The EDPB expressed reservations in connection with the DPF, which will now undergo scrutiny by other European institutions.

Who Should Read This Legal Update

This Legal Update is relevant for companies whose business may involve the transfer of personal data between the EU and the US. If the US is approved as a country with data adequacy on the basis of the DPF, data transfers from the EU by businesses that are certified to the DPF will no longer require separate data transfer mechanisms to provide additional safeguards such as Binding Corporate Rules or Standard Contractual Clauses.

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