@article{2024:pedersen:the_euus_,
title = {The EU-US Data Privacy Framework and the Schrems Saga: Is there Light at the End of the Tunnel?},
year = {2024},
note = {The article examines the legal framework for data transfers from the
EU to the US. In the judgements known as Schrems I and II, the CJEU
invalidated the two former US adequacy decisions on the grounds that
they did not satisfy the requirements in Art. 45 GDPR. On 10 July
2023, the European Commission adopted a new US adequacy decision. The
question that is examined in this article is whether the new adequacy
decision is compatible with Art. 45 GDPR. According to the CJEU’s
interpretation of this provision in Schrems I and II, third countries
must provide a level of data protection that is “essentially
equivalent” to the EU. This requires the US to comply with all
relevant fundamental rights in the Charter and in the ECHR. Based on
an assessment of US law, the article concludes that it is doubtful
that the latest US adequacy decision fulfils the requirements in Art.
45 GDPR and that it is likely that the CJEU – once it is confronted
with the question – will invalidate the adequacy decision of July
2023.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {213--240},
author = {Pedersen, Jan Helge Brask},
volume = {27},
number = {2}
}