Bytesize Legal Update: the EU US Data Privacy Framework

Bytesize Legal Updates | Fieldfisher

Fieldfisher

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5 • 4 Ratings

🗓️ 13 July 2023

⏱️ 18 minutes

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Summary

On 10 July 2023, the European Commission adopted its long-awaited adequacy decision for the EU-US Data Privacy Framework (DPF). The DPF replaces the Privacy Shield Framework (Privacy Shield) which was invalidated by the Schrems II decision of the Court of Justice of the European Union (CJEU) in July 2020. How is the DPF different to the Privacy Shield? When will it be implemented? And what do you need to do to get certified? In our latest Bytesize Legal Update, Fieldfisher'...

Transcript

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0:00.0	Hello and welcome to this bite-size legal update from the team at Fieldfisher Silicon Valley.
0:09.0	I'm Jess Salzberg, a trainee solicitor and I'm joined by our fantastic managing partner, Mark Weber.
0:15.0	We are here to speak to you today about the EU US Data Privacy Framework.
0:29.3	A flurry of information has been released over the past week or so, so we're really excited
0:33.7	to share with you some of the updates on timeline around certification to the new framework.
0:38.8	We'll give you some information on how the DPF is different to the original privacy shield
0:43.2	and what you need to do to get yourself certified. So Mark, let's start off with a quick
0:51.9	introduction on what the EU-US data privacy framework is.
0:56.0	Thanks, Jess. The data privacy framework will provide organisations with a mechanism to transfer personal data from the EU to the US without the need for another mechanism.
1:07.0	So they don't need to consider things like standard contractual clauses or the model clauses,
1:11.6	as we call them, or BCRs. The data privacy framework is intended to re-establish the data
1:18.0	bridge between the EU and US after the privacy shield was invalidated and will enable the free
1:23.3	flow of personal data between the EU and the US for organisations that have self-certified.
1:29.0	We should say that we're commenting on this ahead of the 17th of July.
1:35.8	So there remain some questions on process, but given the publications and the detail we've
1:41.1	seen published over the last few days, we're still, we're fairly confident
1:45.4	about what applications will look like. And although we're talking about the EU-US data privacy
1:51.6	framework, we should also say that the UK and Swiss are also playing ball. So there's
1:56.1	going to be options for UK and Swiss data. So Jess, how is the data privacy framework different to the privacy
2:02.4	shield? Perhaps we could start with that. Yep. So the DPF is actually based on the privacy shield
2:08.1	with certain improvements to address the concerns of the CJAEU raised in Schrems 2. So the principles
2:14.9	remain substantively the same and are renamed from the privacy principles
	...

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