On 7 October 2022, President Biden issued an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the EO), aimed at addressing the widespread legal uncertainty that has prevailed with respect to transatlantic data transfers since the Schrems II decision by the Court of Justice of the European Union (CJEU or the Court) in July 2020. Following last spring’s joint US-EU announcement of a “deal in principle” on an enhanced EU-U.S. Privacy Shield Framework (Privacy Shield), the EO directs US intelligence agencies to take steps to implement US commitments under the renamed EU-U.S. Data Privacy Framework (the DPF). The EO, along with a series of letters from US agencies to the EU, will serve as the basis for a draft adequacy decision by the European Commission, which must then be formally approved by EU Member State representatives.
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