Justice Department Statement on the European Union’s Adoption of Trans-Atlantic Data Privacy Framework to Restore Trust and Stability to Transatlantic Data Flows, Reflecting the Strength of EU-U.S. Relationship

Note: To obtain a copy of the AG designation and memo click Attorney General Designation Pursuant to Section 3(f) of Executive Order 14086 of the EU/EEA and Supporting Memorandum for the Attorney General’s designation of the EU/EEA. Other related information is available at www.justice.gov/opcl/executive-order-14086.

 Following the European Commission’s adoption of its adequacy decision for the EU-U.S. Data Privacy Framework, the Justice Department made the following statement:

The Justice Department welcomes the European Commission’s adoption on July 10 of an adequacy decision for the United States as part of the EU-U.S. Data Privacy Framework, to which President Biden and European Commission President von der Leyen agreed in March 2022. The adequacy decision provides a basis in the law of the European Union for transfers of personal data from EU countries to the United States for commercial purposes. This flow of data underpins the $7 trillion-dollar U.S.-EU economic relationship and provides vital benefits to citizens and businesses on both sides of the Atlantic, enabling businesses of all sizes to compete in each other’s markets. 

The Commission’s adoption of the adequacy decision also brings into effect the Attorney General’s designation of the EU and the three additional countries making up the European Economic Area (EEA) as “qualifying states” for purposes of implementing the redress mechanism established in Executive Order 14086. A country or a regional economic integration organization may be designated a “qualifying state” by the Attorney General if he determines, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence, that it meets the requirements set forth in the executive order. That determination was made on June 30 for the EU/EEA, contingent upon the Commission’s adoption of an adequacy decision. 

The Attorney General’s designation and the supporting memorandum for the designation are available at www.justice.gov/opcl/executive-order-14086. As a result of the designation and the adoption of the adequacy decision, EU/EEA individuals may now submit complaints to obtain redress for alleged violations of law in connection with U.S. signals intelligence activities affecting their personal data transferred to the United States.

The Justice Department looks forward to working with our partners at the European Commission, together with representatives of European data protection authorities, on continuing implementation of these data privacy safeguards.