U.S.-EU Create New Framework to Address CJEU Concerns About U.S. Surveillance

After several years of negotiation following the invalidation of the Privacy Shield by the European Court of Justice (CJEU), on October 7, the president signed an Executive Order, and the attorney general issued regulations, implementing the agreement between the U.S. and the EU announced earlier this year to replace the Privacy Shield framework. The European Commission (EC) has issued a statement that these actions will “address the concerns raised by the Court of Justice of the European Union in the Schrems II decision.” The EC is expected to make this framework the basis of an adequacy finding that the U.S. provides privacy protections that are essentially equivalent to European law.