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European Parliament Adopts Resolution About the Draft US Adequacy Decision

By Ana Hadnes Bruder, Oliver Yaros & David A. Simon on June 6, 2023
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The European Parliament adopted a Resolution on 11 May 2023 against the adoption of an EU adequacy decision for the US based on the EU-US Data Privacy Framework (DPF). The Resolution comes after an analysis by the European Parliament of the Executive Order on Enhancing Safeguards For United States Signals Intelligence Activities (EO 14086), which was adopted in the US in order to implement the DPF (for more details, see our previous Legal Update).

The European Parliament took the view that the EU-US DPF fails to create essential equivalence in the level of protection as compared to the European framework. In the European Parliament’s view, EO 14086 does not provide sufficient safeguards for the transfer of personal data from the EU to the US, considering the below aspects:

  • Signals intelligence practices in the US are still considered too broad, as they allow the collection of personal data in bulk, including the content of communications. EO 14086 contains safeguards with regard to bulk collection of data, but such collection is not subject to an independent prior authorization, which is required in order to limit US intelligence activities, as pointed out by the European Data Protection Board in its opinion about the DPF. The European Parliament expressed concern that US authorities would by this means get access to data they would otherwise have been prohibited from accessing;
  • European citizens are not able to seek effective legal remedy in the European Parliament’s view. Although a redress mechanism has been created for European citizens under the EO 14086, the decision of the competent authority is not intended to be made public, so that the data subject filing the complaint would not have the possibility to appeal the decision or claim damages.

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Photo of Ana Hadnes Bruder Ana Hadnes Bruder

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters…

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters, including preparing for and reacting to cyber-attacks, assessing and making required data breach notifications, analyzing data protection implications of new products and tools and providing strategic advice with a focus on cross-border data processing. Ana further advises on Technology Transactions including cloud services, data and software licensing agreements, SaaS agreements, software development projects, e-commerce, and related Cybersecurity & Data Privacy questions.

Ana is a registered lawyer in Germany and Brazil and has ten years of international experience as legal counsel in Brazil, France and Germany. Ana started her career at Mayer Brown in the Dispute Resolution practice where she represented clients in litigation and arbitration proceedings involving complex commercial, intellectual property and liability matters.

Before joining Mayer Brown, Ana gained experience representing foreign clients in judicial proceedings in Brazil and also worked as in-house counsel for a leading French company in Paris.

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Photo of Oliver Yaros Oliver Yaros

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a…

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a particular focus on fintech and digital transformation projects, as well as clients operating within a broad range of sectors on data protection matters and cybersecurity incidents, intellectual property transactions and related issues.

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Photo of David A. Simon David A. Simon

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the…

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the US Department of Defense (DoD) and chief cyber counsel to the US Cyberspace Solarium Commission, David has deep experience advising victims of ransomware attacks and state-sponsored cyber activity. Named as a Cybersecurity Trailblazer by The National Law Journal, David has also been named to Cybersecurity Docket’s “Incident Response 40,” a collection of 40 of the “best and brightest” incident response attorneys in the country. David regularly supports clients as the lead investigator and crisis manager for cross-border cyber incidents, including data breaches involving personal data, nation-state threats targeting intellectual property, state-sponsored theft of sensitive U.S. government information, and destructive attacks. David has directed and advised on dozens of complex cyber incident and data breach investigations in the last few years alone. He has counseled companies on major cyber incidents and incident preparedness across virtually every sector of the economy. David represents financial institutions, automotive manufacturers and self-driving car companies, tech companies, telecommunications companies, healthcare companies, insurance companies, defense and aerospace companies, private equity firms and their portfolio companies.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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