Max Schrems, through his organisation, ‘My Privacy is None of your Business’ (“noyb.eu”) has issued an open letter to U.S. and EU officials about the announcement of an ‘agreement in principle’ for a new Trans-Atlantic Data Privacy Framework (“letter”). The letter coincides with a visit to Washington, D.C. by a delegation of several members of the European Parliament’s Civil Liberties Committee, to discuss EU-U.S. cooperation in the protection of personal data.

The letter sets out “preliminary observations” based on the announcement between European Commission President von der Leyen and U.S. President Biden; and subsequent further details that the letter states were informally shared with stakeholders.

The letter warns that the announced framework risks “sharing the same fate” as its two predecessors, Safe Harbor and Privacy Shield 1.0 – which were both invalidated by the CJEU – “unless substantive (legislative) reforms are conducted in the United States”.

The letter outlines several concerns which noyb.eu believes raises questions over the stability of future European Commission adequacy agreements, highlighting the following…

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