Data transfer to the USA: EDPB issues its opinion on the European Commission's draft adequacy decision

01 March 2023

On 28 February, the European Data Protection Board (EDPB) issued its opinion on the European Commission's draft adequacy decision. It notes the improvements brought about by the new US legal framework, but indicates that concerns remain.


In reaction to the invalidation of the Privacy Shield in July 2020 by the Court of Justice of the European Union (CJEU), US President Joe Biden adopted on 7 October 2022 a new legal framework (Executive Order) to strengthen safeguards on the collection and use of personal data by US intelligence agencies.

This new legal framework has been submitted to the European Commission for an assessment of whether it ensures an adequate level of protection for European data. Before finally adopting its adequacy decision, the Commission submitted a draft decision to the EDPB (the body that brings together all data protection authorities at European level) on December 13th.

On February 28th 2023, the EDPS adopted and published its opinion on this draft adequacy decision.

The EDPB notes the improvements made by the US government in the new framework for the protection of data transferred to the USA, while expressing concerns on a number of issues.

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