Politicians are well aware of the problems. In March, US president Joe Biden and European Commission president Ursula von der Leyen, which will change the way data is sent between the EU and US. The deal, which will be introduced by executive order, will limit what data US intelligence agencies can access and will create a new system where Europeans can complain if they think they’ve been illegally spied upon by US agencies.
However, since the deal was announced, no specifics—including any legal texts—have been published. In June,the deal could be published in the coming weeks, but so far, there has been little public progress. The US Department of Commerce says discussions are still taking place, including a meeting between both sides last week. The longer the negotiations take, the more blocking orders will drop.
The deal is likely to take a while yet. “Realistically, at this point, we're looking at a potential adequacy decision for this Trans-Atlantic data transfers framework sometime next year—maybe the first quarter of next year,” Zanfir-Fortuna says. Once the details have been published, EU officials will spend months scrutinizing the specifics to see if they fall in line with court orders.
And they won’t be the only ones pouring over it. Privacy activists and lawyers will also be looking at the agreement and could launch further legal challenges if they find that data moving from Europe to the US still isn’t protected strongly enough. “The continued challenges are not unwarranted, particularly considering theand the prevalence of Big Tech firms coming out of the US,” Schroeder says.
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