The EU and US reach a preliminary deal to store data about Europeans on US soil, after the EU declared the previous pact illegal in 2020
leaving U.S. companies in the lurch. https://twitter.com/... @dcms : We welcome the announcement of an agreement in principle on adequacy between the EU and the US Global events show that it is more important than ever for like-minded democracies to come together and to acknowledge our shared and deep commitment to high data protection standards https://twitter.com/... Sundar Pichai / @sundarpichai : We appreciate the leadership of @POTUS and @vonderleyen on a new EU-US framework to strengthen both privacy protections and the EU-US relationship. https://www.whitehouse.gov/... @maxschrems : Seems we do another #PrivacyShield especially in one respect: Poltics over law and fundamental rights. This failed twice before. What we hear is another “patchwork” approach but no substantial reform on the US side. Let's wait for a text, but my frist bet is it will fail again. https://twitter.com/... Nigel Cory / @nigelcory : Great news on a new EU-US data transfer deal. A lot of genuine, good-faith effort - by both sides - has gone into nego & building understanding about the agreement. Critical to transatlantic, but also global, efforts to build coop/alignment on data. A 🧵https://twitter.com/ ... David Carroll🦅 / @profcarroll : As more US states (Utah and Oklahoma most recently) join the data privacy law fray by enacting an increasingly diverse set of rules, US renegotiates a more Schremsproof data flow treaty w/EU, it seems also necessary to pass a national data privacy act! #DataRightsAreHumanRights Secretary Gina Raimondo / @secraimondo : Today's Trans-Atlantic Data Privacy Framework announcement btw 🇺🇸 & 🇪🇺 reflects our shared recognition of the importance of trusted data flows, which are critical to our economic recovery, as well as our commitment to the rule of law & data protection.https://www.commerce.gov/ ... @maxschrems : First Statement on the “#PrivacyShield 2.0” announcement. Any actual text will need months to be issued, reviewed and analyzed, but it seems we enter another couple of years of legal uncertainty. #SchremsIII #GDPR #SafeHarbor https://noyb.eu/... Kent Walker / @kent_walker : Congrats to @SecRaimondo and @dreynders on a new EU-US framework for data transfers. This agreement underscores the importance of data protection, national security, and continued data flows that benefit consumers on both sides of the Atlantic. https://twitter.com/... Brian Deese / @briandeesenec : This important deal will promote a more inclusive trans-Atlantic digital economy for consumers & small businesses, while bolstering data privacy protections & our nat'l security. It also signals the growing strength of the US-EU economic relationship. https://www.nytimes.com/... @iwillleavenow : Ok, it's time to summarize the White House fact sheet on the announced Privacy Shield agreement* *The agreement that we should probably draft and agree to a Privacy Shield replacement, not an agreement that actually establishes a new Privacy Shield. https://www.whitehouse.gov/... @marietjeschaake : Would be good if this stands the @maxschrems test: United States and European Commission Announce Trans-Atlantic Data Privacy Framework ↘️ https://www.whitehouse.gov/... Julie Brill / @juliesbrill : We applaud the Trans-Atlantic Data Privacy Framework released today by the @EU_Commission & US, which is a step in rebuilding & strengthening global data protections. Read more about this milestone & the measures we're taking to further protect customers: https://blogs.microsoft.com/ ... Tom Vandenkendelaere / @tomvdkendelaere : The EU-US deal on transatlantic dataflows announced by President @vonderLeyen and @POTUS Biden will offer EU business legal certainty after two years in legal limbo. I expect the agreement to contain sufficient fundamental rights safeguards to stand the test of time. @EPPGroup https://twitter.com/... Amie Stepanovich / @astepanovich : I think folks are missing the biggest news on today's announcement— The White House refers to this agreement-in-priniciple as a “Trans-Atlantic Data Privacy Framework,” never a “new Privacy Shield” or “Privacy Shield 2.0” I see a new name coming! https://www.whitehouse.gov/... Brian Fung / @b_fung : Some more details on the agreement in a new WH fact sheet: https://www.whitehouse.gov/... https://twitter.com/... Cristiano Lima / @viacristiano : 🚨 Big overnight news: Biden & EU leaders reach a deal on transatlantic data flows, which everyone in DC & Silicon Valley has been clamoring for since Privacy Shield was struck down in 2020 https://twitter.com/... Julie Brill / @juliesbrill : This is a crucial step for rebuilding and strengthening transatlantic data flows based on common values. We're grateful for the hard work that has been done by both sides to reach this agreement. https://twitter.com/... Ambassador Stavros Lambrinidis / @euambus : Another major announcement out of Brussels today: @vonderleyen🇪🇺 @POTUS🇺🇸 reached agreement in principle on a new framework for transatlantic data flows, replacing the “Privacy Shield.” https://twitter.com/... @vestager : Together with strong competition enforcement our #DMA regulation means competitive digital markets for 🇪🇺 consumers and businesses. Large gatekeepers must comply with well-defined things to do - and things they can not do. So happy with this agreement: https://europa.eu/!DYb7Cb @digitaleu : One step closer to ensuring fair & open markets 🎯 #DigitalMarketsAct will bring fairer conditions for consumers & businesses - one of the 1st initiatives of its kind to properly regulate gatekeeper power of the largest digital companies ↓ https://europa.eu/!DYb7Cb #DMA #DSA https://twitter.com/... Adrian Weckler / @adrianweckler : Several outlets reporting that the shape of the new deal is centred around the ability for Europeans to appeal to a US authority. Possibly with some beefed-up US agency to investigate citizen concerns. No hint yet of a change in US's ‘surveillance is crucial to our security’. https://twitter.com/... Cam Kerry / @cam_kerry : Announced by Biden and Von der Leyen. Doing this at the presidential level reflects how central these issues have become. https://www.wsj.com/... David Carroll / @profcarroll : “But while some...expressed optimism that the new deal will withstand legal scrutiny, some in Europe have said that they think any deal that isn't coupled with changes to U.S. surveillance laws isn't likely to pass muster with the EU's Court of Justice.” https://www.wsj.com/... Dr. Analytics Ninja, PhD / @analyticsninja : I honestly don't see how psuedoanonymous data collected in Google Analytics by companies operating in the EU who obtain user consent is a violation of anyone's fundamental rights. And if it is a violation of the law, then the law should change. https://twitter.com/... @martinomosna : @tessarakt @JedBracy From what I've read, the new mechanism “could assuage the EU—and its top court—with new administrative appeals mechanisms but without a change to U.S. law, which would require approval by Congress” See: https://www.wsj.com/... Well... Good luck with that! Mark Scott / @markscott82 : “in principle” is doing a lot of heavy lifting in that sentence, imo. https://twitter.com/... Mark Scott / @markscott82 : — How long will will Commission take to transpose those US changes into a Privacy Shield agreement? — Are negotiations over? I was told no. — How quickly will it take @maxschrems or others to file challenge to Europe's highest court? Mark Scott / @markscott82 : Unanswered #PrivacyShield questions: — What changes did US agree to, and if it's the DoJ administrative body, when will that be set up? — What assurances did Brussels get that state secrets principle won't be used via FBI vs Fazaga case? Mark Scott / @markscott82 : None of the political statements on greater transatlantic cooperation matter. What matters is the legal underpinning of a new agreement that will withstand the immediate challenge at Europe's highest court. The CJEU, last time I checked, doesn't give an F about politics.
Wall Street JournalDaniel Michaels
Context & Ripple Effects
The agreement follows the 2020 invalidation of the Privacy Shield, a framework the EU had approved in 2016 to let participating firms move personal information across the Atlantic. It also turns 2021 negotiations over continued US storage and access into an agreement in principle.
For US companies that depend on transatlantic transfers, the pact offers a route out of the uncertainty created by the Privacy Shield’s collapse, but the lack of published terms leaves its practical protections untested.
First-order effects
US companies handling Europeans’ data gain the prospect of a replacement transfer framework, while EU and US officials must translate the preliminary accord into an adequacy arrangement.
The CJEU’s 2020 ruling remains the immediate constraint: the new framework has to address the privacy defects that invalidated the original Privacy Shield.
Second-order effects
Companies that had been managing data-transfer risk regain an incentive to keep European data operations linked to US infrastructure rather than redesigning them around separate regional storage.
Repeated replacement efforts point to cross-border data transfer rules becoming a continuing condition of market access, rather than a one-time compliance framework.
If judicial scrutiny again rejects the arrangement, firms operating across the EU and US will face renewed pressure to build transfer strategies that do not depend on a single bilateral pact.
The trend: Transatlantic digital commerce is increasingly governed through privacy adequacy deals whose durability depends on satisfying European judicial standards.
Pleased that we found an agreement in principle on a new framework for transatlantic data flows. It will enable predictable and trustworthy 🇪🇺🇺🇸 data flows, balancing security, the right to privacy and data protection. This is another step in strengthening our partnership. ht…
With concern growing about the global internet fragmenting, this agreement will help keep people connected and services running. It will provide invaluable certainty for American & European companies of all sizes, including Meta, who rely on transferring data quickly and safely. …
I am pleased to announce that after more than a year of intense negotiations, the EU and the U.S. have agreed on the principles for a new framework for Transatlantic #DataFlows. 🇪🇺🇺🇸 This strengthens further our alliance, economic ties, and protects citizens' fundamental rights. …
If the Biden administration and the European Commission announce a new Privacy Shield deal without U.S. legislative reforms, the deal will almost certainly be struck down by the EU's highest court (again)—leaving U.S. companies in the lurch. https://twitter.com/...
We welcome the announcement of an agreement in principle on adequacy between the EU and the US Global events show that it is more important than ever for like-minded democracies to come together and to acknowledge our shared and deep commitment to high data protection standards h…
We appreciate the leadership of @POTUS and @vonderleyen on a new EU-US framework to strengthen both privacy protections and the EU-US relationship. https://www.whitehouse.gov/...
Seems we do another #PrivacyShield especially in one respect: Poltics over law and fundamental rights. This failed twice before. What we hear is another “patchwork” approach but no substantial reform on the US side. Let's wait for a text, but my frist bet is it will fail again. h…
Great news on a new EU-US data transfer deal. A lot of genuine, good-faith effort - by both sides - has gone into nego & building understanding about the agreement. Critical to transatlantic, but also global, efforts to build coop/alignment on data. A 🧵https://twitter.com/ ...
First Statement on the “#PrivacyShield 2.0” announcement. Any actual text will need months to be issued, reviewed and analyzed, but it seems we enter another couple of years of legal uncertainty. #SchremsIII #GDPR #SafeHarbor https://noyb.eu/...
As more US states (Utah and Oklahoma most recently) join the data privacy law fray by enacting an increasingly diverse set of rules, US renegotiates a more Schremsproof data flow treaty w/EU, it seems also necessary to pass a national data privacy act! #DataRightsAreHumanRights
Congrats to @SecRaimondo and @dreynders on a new EU-US framework for data transfers. This agreement underscores the importance of data protection, national security, and continued data flows that benefit consumers on both sides of the Atlantic. https://twitter.com/...
Today's Trans-Atlantic Data Privacy Framework announcement btw 🇺🇸 & 🇪🇺 reflects our shared recognition of the importance of trusted data flows, which are critical to our economic recovery, as well as our commitment to the rule of law & data protection.https://www.commerce.gov/ ..…
This important deal will promote a more inclusive trans-Atlantic digital economy for consumers & small businesses, while bolstering data privacy protections & our nat'l security. It also signals the growing strength of the US-EU economic relationship. https://www.nytimes.com/...
Ok, it's time to summarize the White House fact sheet on the announced Privacy Shield agreement* *The agreement that we should probably draft and agree to a Privacy Shield replacement, not an agreement that actually establishes a new Privacy Shield. https://www.whitehouse.gov/...
Would be good if this stands the @maxschrems test: United States and European Commission Announce Trans-Atlantic Data Privacy Framework ↘️ https://www.whitehouse.gov/...
We applaud the Trans-Atlantic Data Privacy Framework released today by the @EU_Commission & US, which is a step in rebuilding & strengthening global data protections. Read more about this milestone & the measures we're taking to further protect customers: https://blogs.microsoft.…
The EU-US deal on transatlantic dataflows announced by President @vonderLeyen and @POTUS Biden will offer EU business legal certainty after two years in legal limbo. I expect the agreement to contain sufficient fundamental rights safeguards to stand the test of time. @EPPGroup ht…
I think folks are missing the biggest news on today's announcement— The White House refers to this agreement-in-priniciple as a “Trans-Atlantic Data Privacy Framework,” never a “new Privacy Shield” or “Privacy Shield 2.0” I see a new name coming! https://www.whitehouse.gov/...
🚨 Big overnight news: Biden & EU leaders reach a deal on transatlantic data flows, which everyone in DC & Silicon Valley has been clamoring for since Privacy Shield was struck down in 2020 https://twitter.com/...
This is a crucial step for rebuilding and strengthening transatlantic data flows based on common values. We're grateful for the hard work that has been done by both sides to reach this agreement. https://twitter.com/...
Another major announcement out of Brussels today: @vonderleyen🇪🇺 @POTUS🇺🇸 reached agreement in principle on a new framework for transatlantic data flows, replacing the “Privacy Shield.” https://twitter.com/...
Together with strong competition enforcement our #DMA regulation means competitive digital markets for 🇪🇺 consumers and businesses. Large gatekeepers must comply with well-defined things to do - and things they can not do. So happy with this agreement: https://europa.eu/!DYb7Cb
One step closer to ensuring fair & open markets 🎯 #DigitalMarketsAct will bring fairer conditions for consumers & businesses - one of the 1st initiatives of its kind to properly regulate gatekeeper power of the largest digital companies ↓ https://europa.eu/!DYb7Cb #DMA #DSA https…
Several outlets reporting that the shape of the new deal is centred around the ability for Europeans to appeal to a US authority. Possibly with some beefed-up US agency to investigate citizen concerns. No hint yet of a change in US's ‘surveillance is crucial to our security’. htt…
“But while some...expressed optimism that the new deal will withstand legal scrutiny, some in Europe have said that they think any deal that isn't coupled with changes to U.S. surveillance laws isn't likely to pass muster with the EU's Court of Justice.” https://www.wsj.com/...
I honestly don't see how psuedoanonymous data collected in Google Analytics by companies operating in the EU who obtain user consent is a violation of anyone's fundamental rights. And if it is a violation of the law, then the law should change. https://twitter.com/...
@tessarakt @JedBracy From what I've read, the new mechanism “could assuage the EU—and its top court—with new administrative appeals mechanisms but without a change to U.S. law, which would require approval by Congress” See: https://www.wsj.com/... Well... Good luck with that!
— How long will will Commission take to transpose those US changes into a Privacy Shield agreement? — Are negotiations over? I was told no. — How quickly will it take @maxschrems or others to file challenge to Europe's highest court?
Unanswered #PrivacyShield questions: — What changes did US agree to, and if it's the DoJ administrative body, when will that be set up? — What assurances did Brussels get that state secrets principle won't be used via FBI vs Fazaga case?
None of the political statements on greater transatlantic cooperation matter. What matters is the legal underpinning of a new agreement that will withstand the immediate challenge at Europe's highest court. The CJEU, last time I checked, doesn't give an F about politics.