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International: NOYB reacts to US Executive Order on EU-US DPF

None of your business ('NOYB') released, on 7 October 2022, a statement in which it issued its first reaction to the US Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities, which directs the steps that the US will take to implement its commitments under the European Union - U.S. Data Privacy Framework ('EU-US DPF'). In particular, NOYB concluded that the Executive Order would be unlikely to satisfy EU law. More specifically, NOYB outlined its initial concerns regarding the Executive Order, including the following:

  • bulk surveillance may continue via two types of proportionality;
  • the Data Protection Review Court does not constitute a court but a body within the US government's executive branch;
  • in relation to redress mechanisms, the US government may neither confirm nor deny that the user was under surveillance; and
  • US businesses do not need to comply with the EU's General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR').

In light of this, NOYB highlighted that it will analyse the documents in more detail and will issue a detailed legal analysis in the coming weeks. Crucially, NOYB stated that, should the decision of the European Commission not remain in line with EU law and the relevant Court of Justice of the European Union ('CJEU') judgments, NOYB will likely bring another challenge before the CJEU.

You can read the press release here.