Jurisdiction(s):
European Union

EU-US Data Privacy Framework under EU GDPR: developments, adequacy decision, guidance and challenges (2021-2026)

Published by a LexisNexis EU Law expert

Practice notes

This tracker covers the development of the EU-US Data Privacy Framework (DPF) following the invalidation of the Safe Harbour and Privacy Shield frameworks

The DPF enables cross-border movements of personal information to the United States on the basis of an adequacy finding set out in Commission Implementing Decision (EU) 2023/1795 of 10 July 2023, adopted pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council concerning the adequate level of protection of personal data under the EU-US Data Privacy Framework, in situations where such flows would otherwise be barred by the EU General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR).

A short explanation of adequacy appears below; nevertheless, this tracker should be considered alongside Practice Note: EU GDPR—transfers of personal data internationally and to international organisations for added detail.

In summary, Article 44 EU GDPR forbids sending personal data to a country outside the EEA, or to an ‘international organisation’ (that is, an international transfer). Yet, in defined cases, an international transfer of personal data may go ahead where the transfer is:

founded on an adequacy decision
subject to suitable safeguards
carried out under specific exceptions/derogations

The DPF sits within the first of these...

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Web page updated on 21/05/2026

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