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EDPB requests review of EU-US Data Privacy Framework following US Supreme Court decision on independent agencies

The European Data Protection Board (EDPB) has formally requested the European Commission to assess the implications of the U.S. Supreme Court's Trump v. Slaughter decision on independent agency authority for the EU-U.S. Data Privacy Framework. The EDPB highlights that the effective functioning of independent supervisory authorities in a third country is a key element for assessing adequacy. This request underscores concerns about the U.S. Federal Trade Commission's ability to uphold DPF commitments following the ruling.

Today's question

A US based company relies on the EU US Data Privacy Framework for transferring personal data from the EU. Following a recent US Supreme Court decision impacting the independence of US regulatory bodies, the EDPB has requested the European Commission to review the Framework's adequacy. What is the most immediate and critical action for the US company's DPO or privacy counsel?

  1. Suspend its EU to US transfers until the Commission ends its review
  2. Prepare standard contractual clauses backed by a transfer impact assessment
  3. Ask the EDPB to authorize its transfers while the review is under way
  4. Recertify under the Framework so its transfers keep their adequacy status

Answer this question on the site

Worth knowing

  1. South Korea's KT fined $38m for security failings leading to customer fraud

    South Korea’s Personal Information Protection Commission (PIPC) fined KT, the country's largest telco, $38m after security vulnerabilities allowed hackers to defraud customers. The investigation revealed that the theft of a femtocell enabled unauthorized access to KT's mobile network and subsequent fraudulent micropayments.

Compiled that morning from regulator, court and authority sources. Primary sources are linked on every story.