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Response to EU-US Data Privacy Framework Executive Order

Publicerad 10 oktober 2022

Zendesk applauds the release of the Executive Order On Enhancing Safeguards for United States Signals Intelligence Activities issued on October 7, 2022. The Executive Order follows the March 2022 announcement of President Biden and European Commission President Ursula von der Leyen of an agreement on a new framework for transatlantic data flows, known as the EU-US Data Privacy Framework.

What is in the Executive Order? The Executive Order addresses concerns that were highlighted by the 2020 CJEU Schrems II case, including the establishment of the Data Protection Review Court, which will allow EU citizens redress. Additionally, the Executive Order provides additional safeguards on U.S. intelligence activities to ensure such activities are necessary and proportionate. For more details, please see The White House Fact Sheet.

What does this Executive Order mean for Zendesk customers? Here at Zendesk, we believe that trust is at the core of all our interactions with our customers. We recognize the importance of customer trust and of customers’ privacy and the security of their data. Zendesk will continue to support our customers with the Transfer Impact Assessment Guide, data transfers using our Binding Corporate Rules (BCRs) and Standard Contractual Clauses (SCCs).

What’s going to happen next? The European Union-U.S. Data Privacy Framework will increase legal certainty for companies utilizing SCCs and BCRs to transfer EU personal data to the United States. The steps in the Executive Order will provide the European Commission with a basis to adopt a new U.S. adequacy decision in 2023 (historically this process has taken around 5 months after approval of the draft).

Zendesk greatly appreciates the expansive effort by the United States and European Commission required for this important step.

“Transatlantic data flows are critical to enabling the $7.1 trillion EU-U.S. economic relationship. The EU-U.S. DPF will restore an important legal basis for transatlantic data flows by addressing concerns that the Court of Justice of the European Union raised in striking down the prior EU-U.S. Privacy Shield framework as a valid data transfer mechanism under EU law.”

– FACT SHEET: President Biden Signs Executive Order to Implement the European Union-U.S. Data Privacy Framework