This panel will discuss on the reflection that arose following the adoption of the Executive Order, with the status of law, approved by President Biden with the aim to take a step forward in facilitating international data transfers between the European Union and the United States. A scenario is opening up before us in which a new framework is likely to be drawn up that will regulate international data flows on both sides of the Atlantic for the coming years.
The essential question to be asked at this point with respect to the current EU-US Data Privacy Framework is what element can ensure that this new context brings with it a stable agreement that can be maintained over time. Other questions the panel will discuss include:
• How to ensure that the new framework will fully address fundamental rights issues ?
• What does the future look like following the negative opinion of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs on the European Commission’s proposal for an adequacy decision on the EU-US Data Privacy Framework ?
• Will Privacy Shield 2.0 survive ?
• What could be the essential element in the consolidation of an acceptable framework for personal data flows between the EU and the US ?
• Are the safeguards included in the EO, regarding the substantive limitation on US national security authorities access to personal data and the establishment of a redress mechanism, the optimal elements to ensure the success of the new framework ?
