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Data protection agreement between the USA and the EU

Overview of the data protection agreement

The European Commission approves an updated data protection agreement between the EU and the US, the third attempt following the invalidation of two previous regulations by the European Court of Justice. However, a new legal challenge is already looming. Three years after the end of the “Privacy Shield”, a new data protection agreement between the EU and the USA is coming into force. According to the EU Commission in Brussels, the USA now assures that it will adequately protect personal data that companies in the USA receive from the EU.

Objectives of the new data protection agreement

The primary objective of the new data protection agreement between the US and the EU is to ensure the protection of personal data in accordance with the ruling of the European Court of Justice. It is based on a reliable legal foundation that ensures secure data transfer between the EU and the US. It is also intended to strengthen digital competition and stimulate transatlantic trade.

The electronic exchange of data between the two parties is now possible again, but with certain restrictions. Data transfers may only take place if the companies involved participate in the data protection framework between the EU and the USA. Companies must go through the self-certification process of the US Department of Commerce (DoC) in order to be included in the data protection framework. You must repeat this process annually to remain listed in the DPF (“Data Privacy Framework”).

Which US service providers are you allowed to use?

It is expected that global players such as Meta and Google will play a pioneering role in the certification process. However, smaller third-party providers may only be used if they are successfully certified and listed in the DPF. Regardless of this, as a website operator, you must still obtain the consent of the end user via a consent tool in order to use services such as Google Analytics, Meta Pixel or similar.

Recommendations

We recommend that you seek legal advice if you are unsure about the use of analytics tools. As an agency for online marketing, we work hand in hand with the internet law company eRecht24, which enables us to stay legally up-to-date and always up to date.

Here to the eRecht24 homepage: https://www.e-recht24.de/

If you have any questions or need to maintain a content tool, please do not hesitate to contact us

About the author

Picture of Matthias Mader

Matthias Mader

Matthias Mader is CEO & Founder of BrandBuff. In his role as project manager, he is responsible for the successful implementation of all customer projects. He is also a proven expert in email marketing and the development of WordPress websites.
Picture of Matthias Mader

Matthias Mader

Matthias Mader is CEO & Founder of BrandBuff. In his role as project manager, he is responsible for the successful implementation of all customer projects. He is also a proven expert in email marketing and the development of WordPress websites.
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