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Third time's a charm? Companies in the European Economic Area (EEA), Switzerland, and the UK (EEA+) are considering the pros and cons of the third attempt of the EU Commission and US government to establish interoperability between their data protection and privacy law systems after the demise of the US Safe Harbor Program and the EU–US Privacy Shield. Should US companies register? Are the efforts worth the potential benefits, given that the new programme has already been challenged and may be invalidated like previous programmes for reasons that businesses cannot control? Should companies that were already enrolled in the previous programmes accept automatic enrolment or leave the programme? Can and should companies in the EEA+ rely on EU–US Data Privacy Framework (DPF) registration for international transfers? Or insist on registration in addition to standard contractual clauses (EU SCC 2021) or other compliance mechanisms? Are data transfer impact assessments (DTIAs) still required for transfers to the US? Should they be updated?
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*Copyright Henry Stewart Publications reproduced with permission: Volume 6 (2023-24) | Henry Stewart Publications
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