Market Update | Jul 2023

EDPB informs stakeholders about the implications of the Data Transfers to US

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During its July EDPB plenary, the EDPB adopted an information note for individuals and entities transferring data to the U.S..

The note aims to provide concise and objective information regarding the impact of the adequacy decision on transfers to the U.S., the redress mechanisms available under the Data Privacy Framework (DPF), and the new redress mechanism in the area of national security.

The information note clarifies that transfers based on adequacy decisions do not need to be complemented by supplementary measures. Transfers to the U.S. which are not included in the ‘Data Privacy Framework List’ require appropriate safeguards, such as standard data protection clauses or binding corporate rules.

In this respect, the EDPB underlines that all the safeguards that have been put in place by the U.S. Government in the area of national security (including the redress mechanism) apply to all data transferred to the U.S., regardless of the transfer tool used.