The EU-US Data Privacy Framework allows personal data to be transferred from the European Economic Area to US companies certified under the Framework. It does not mean that every transfer to the United States is automatically valid: the European company must check certification and GDPR compliance.
In this article we will discuss...
What the Data Privacy Framework is
The European Commission adopted an adequacy decision for the EU-US Data Privacy Framework. Certified organisations can be checked through the official Data Privacy Framework website.
The European Data Protection Board has also published FAQs for businesses on the EU-US Data Privacy Framework.
What companies should check before transferring data
- Whether the US provider is listed as certified.
- Whether the certification covers the relevant data and service.
- Whether there is a lawful basis for the main processing operation.
- Whether the contract properly covers roles, security and subprocessors.
- Whether privacy notices explain international transfers where required.
What if the provider is not certified?
If the US recipient is not certified, the company must assess other mechanisms, such as standard contractual clauses, binding corporate rules or other GDPR safeguards. Additional risk assessment may also be required.
Common mistakes
- Assuming every US provider is covered by the Framework.
- Not checking certification in the official register.
- Failing to update technology provider contracts.
- Not explaining international transfers in privacy documentation.
- Confusing an adequacy decision with a full exemption from GDPR duties.
Conclusion
The EU-US framework is a useful transfer mechanism, but it still requires verification and documentation. Companies should check certification, contracts, purposes and transparency before relying on it.