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International: US CRS publishes paper on upcoming Transatlantic Data Privacy Framework

The U.S. Congressional Research Service ('CRS') published, on 2 June 2022, a paper on the upcoming EU-US Trans-Atlantic Data Privacy Framework ('TADPF'), following the announcement of a political agreement on the same on 25 March 2022. In particular, the paper provides a summary of the political, legal, and business challenges at issue and notes that the TADPF is expected to be finalised and adopted by the end of 2022. Additionally, the paper highlights that, beyond the TADPF, congressional action in several areas may shape the future landscape of EU-US data flows, including:

  • exploring changes when authorising and overseeing surveillance programs to better protect data privacy or otherwise address EU concerns;
  • considering comprehensive federal privacy legislation that includes data protection provisions that may align to some extent with GDPR requirements, to provide some level of certainty to EU businesses and individuals; and
  • examining how best to achieve broader consensus on data flows and privacy at the global level, cooperate with the EU and other like-minded partners, and hold hearings on US engagement in ongoing bilateral and multilateral digital trade negotiations.

You can read the paper here.