European Commission Issues Draft Adequacy Decision for EU-U.S. Data Privacy Framework 


European Commission Issues Draft Adequacy Decision for EU-U.S. Data Privacy Framework 

In December 2022, the European Commission announced that it launched the process towards the adoption of a draft Adequacy Decision for the EU-U.S. Data Privacy Framework which will foster trans-Atlantic data transfers between the European Union (EU) and the United States (U.S.) by ensuring an adequate level of protection for personal data.

The draft adequacy decision  which reflects the assessment by the Commission of the U.S. legal framework and concludes that it provides comparable safeguards to those of the EU addresses the concerns raised by the Court of Justice of the European Union in its Schrems II decision of July 2020 that invalidated of the previous EU-U.S. Privacy Shield framework.

The draft adequacy decision follows the signing of an Executive Order by U.S. President Joe Biden in October 2022 that along with the regulations issued by the U.S. Attorney General implemented an agreement in principle that was first announced by Commission President Ursula von der Leyen and President Biden in March 2022.

“U.S. companies will be able to join the EU-U.S. Data Privacy Framework by committing to comply with a detailed set of privacy obligations such as the requirement to delete personal data when it is no longer necessary for the purpose for which it was collected and to ensure continuity of protection when personal data is shared with third parties,” according to a press release.

The General Data Protection Regulation (GDPR) grants the Commission the power to decide that a non-EU country ensures “an adequate level of protection” for personal data that is essentially equivalent to the level of protection within the EU. The effect of adequacy decisions is that personal data can flow freely from the EU to a third country without further obstacles.

The draft adequacy decision has now been published and transmitted to the European Data Protection Board (EDPB) for its opinion. The draft decision concluded that the United States ensures an adequate level of protection for personal data transferred from the EU to US companies. A copy of the draft decision is available here.

ClearStar is a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers Global Background Checks that comply with international privacy rules with an industry-first GDPR-ready “globally-native” platform. For more information, contact ClearStar.

© 2023 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.


Let's start a conversation

    Thomas Ahearn - Digital Content Editor

    Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, the Equal Employment Opportunity Commission (EEOC), the Fair Credit Reporting Act (FCRA), HR technology, identity theft, privacy, social media screening, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.


    Bursa escort - eskort mersin - youtube seo - escort - eskort eskişehir