DPF feedback period – rewieving the functioning of the cross-border agreement on data transfer

Since the GDPR is effective, data transfer from EU citizens to third countries has been a challenge for states that are not explicitly declared as secure by the EU Commission under an adequacy decision. The U.S. is not considered as having suitable data protection requirements. Due to the great amount of data U.S. companies import from EU citizens, the U.S. negotiated a legal arrangement with the EU Commission to ease the data transfer for companies who comply with minimum safety standards, called the Data Privacy Framework (DPF).

Since July 2023, the DPF is one option for businesses to declare themselves as compliant with the GDPR standards, in order to prove suitable data controlling or processing of personal data. However, to evaluate the efficiency of this agreement, which is the first one of its kind, the DPF requires an annual controlling mechanism to understand how far the legal framework actually guarantees adequate data protection.

Worthwhile noting, that the DPF is currently under its first periodic review by the EU Commission. The EU Commission calls for evidence by companies and individuals, as well as appropriate authorities’ evaluation on the functioning of the decision. Until beginning of September feedback is being collected. Afterwards, the EU Commission will analyze whether the DPF will uphold its efficiency and can be used further to “import” personal data from the EU.

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