EU and US agree on new framework for transatlantic data flows

The bilateral statement on a new agreement for future EU-US data flows comes during a visit to Brussels by Joe Biden, President of the United States.

On 25 March 2022, Joe Biden, President of the United States and Ursula von der Leyen, President of the European Commission announced a political agreement for new a Privacy Shield framework that will promote growth and innovation in Europe and the US and help companies of all sectors and sizes compete in the digital economy.  

In his address, President Biden underscored a shared commitment between the EU and US to privacy, data protection and to the rule of law.  

This long-awaited agreement comes after years of negotiations following the Schrems II ruling at the Court of Justice of the European Union (CJEU) in July 2020. This ruling invalidated the EU-US Privacy Shield and cast doubt over the legitimacy of other means (standard contractual clauses) to legally transfer personal data from the EU to the US.  

This has led to a lengthy period of persistent uncertainty for businesses around what services they can use, as well as increased compliance costs.  

The EU and US are key trading partners, with the US Chamber of Commerce suggesting that the data transfer relationship between the US and EU is worth around $7.1 trillion. In fact, global data flows now contribute more to global growth than global trade in goods. 

While this political agreement will bring reassurance for the hundreds of businesses relying on transatlantic data flows, a formal legal text will still need to be developed and approved by both sides of the Atlantic. The new agreement will also have to stand the test of scrutiny from privacy and civil liberties groups, if the new agreement is taken back to the CJEU.   

As the EU and US make progress on a new agreement, the UK must also build on its ambition to strike a new deal for UK-US data transfers.    

 

Julian David, CEO of techUK, said on today’s announcement: 

“We are delighted to hear that an agreement has been reached on a replacement for the Privacy Shield. It has been a long two years of legal uncertainty for companies of all sizes and sectors transferring data for basic business services across the Atlantic. While there are other legal means to transfer personal data, this agreement will be vital for SMEs, who have developed their products and services in compliance with the toughest privacy laws on the planet, but who don’t have capacity or resources for SCCs or BCRs.

The EU and the US are the two top markets for UK tech and the ability to responsibly and easily transfer personal data across the borders is crucial for the sector’s growth and success. This agreement will also provide the transatlantic partners with the framework to work together on safe data flows routes with other like-minded countries, as well as at multilateral level.” 

 

Julian David

Julian David

CEO, techUK

Julian David is the CEO of techUK, the leading technology trade association that aims to realise the positive outcomes that digital technology can achieve for people, society, the economy and the planet.

Julian led the transformation of techUK from its predecessor Intellect in 2014, putting an increased focus on the growth and jobs the technology industry offers in a global economy. He has since led its impressive expansion driving forward the tech agenda in key areas such as skills, innovation, business success and public sector transformation.  He leads techUK’s 90-strong team representing a thousand British based tech companies, comprising global and national champions and 600 SMEs. In 2020, techUK joined forces with TechSkills, the employer-led organisation that aims to improve the flow of talent into the digital workforce and open up access for all to high value tech jobs.

Julian represents techUK on a number of external bodies including the Digital Economy Council, the National Cyber Security Advisory Council and the Department of Business and Trade’s Strategic Trade Advisory Group. He is member of the NTA Advisory Board of DIGITALEUROPE and is a member of the Board of the Health Innovation Network the South London Academic Health Science Network.

Julian has over thirty years of experience in the technology industry. Prior to joining techUK, he had a series of leadership roles at IBM including Vice President for Small and Medium Business and Public Sector.  After leaving IBM he worked as a consultant helping tech SMEs establish successful operations in the U.K. His personal interests include Football (West Ham, Balham FC and Real Madrid) and Art.

Email:
[email protected]
Twitter:
@techUKCEO

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Sabina Ciofu

Sabina Ciofu

Associate Director – International, techUK

Sabina Ciofu is Associate Director – International, running the International Policy and Trade Programme at techUK.

Based in Brussels, she leads our EU policy and engagement. She is also our lead on international trade policy, with a focus on digital trade chapter in FTAs, regulatory cooperation as well as broader engagement with the G7, G20, WTO and OECD.

As a transatlanticist at heart, Sabina is a GMF Marshall Memorial fellow and issue-lead on the EU-US Trade and Technology Council, within DigitalEurope.

Previously, she worked as Policy Advisor to a Member of the European Parliament for almost a decade, where she specialised in tech regulation, international trade and EU-US relations.

Sabina loves building communities and bringing people together. She is the founder of the Gentlewomen’s Club and co-organiser of the Young Professionals in Digital Policy. Previously, as a member of the World Economic Forum’s Global Shapers Community, she led several youth civic engagement and gender equality projects.

She sits on the Advisory Board of the University College London European Institute, Café Transatlantique, a network of women in transatlantic technology policy and The Nine, Brussels’ first members-only club designed for women.

Sabina holds an MA in War Studies from King’s College London and a BA in Classics from the University of Cambridge.

Email:
[email protected]
Phone:
+32 473 323 280
Website:
www.techuk.org

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