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New EU-U.S. Adequacy Decision Draft: Advantages and Key Aspects

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London, UK – An adequacy decision is a formal decision of the European Commission recognizing that a country outside the EU provides an essentially equivalent level of data protection to that within the European Economic Area (EEA). There is no time limitation, however, the European Commission continuously monitors developments in countries and international organizations that could affect its decision. The adequacy decisions can be renewed every 4 years.

 

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Conversely, the European Parliament and the Council may request the European Commission to maintain, amend or withdraw the adequacy decision on the grounds that its act exceeds the implementing powers provided for in the regulation. The main advantage of obtaining the formal decision of adequacy, is having the permission to transfer data without further conditions or authorizations from the EU to that third country. In other words, transfers to the third country which received an adequacy decision will be assimilated to intra-EU transmissions of data.

For more information:

How the adequacy decision for United States will improve data transfers between EU and U.S.?