What is the role of the EU-US Data Privacy Framework?

The EU-US Data Privacy Framework (DPF) is a legal mechanism that allows certified US organizations to receive personal data from the European Union without requiring additional safeguards like Standard Contractual Clauses. Adopted in July 2023 following an adequacy decision by the European Commission, the DPF replaces the invalidated Privacy Shield and addresses the concerns raised by the Court of Justice of the European Union in the Schrems II decision. For email marketers using US-based ESPs and technology platforms, the DPF significantly simplifies transatlantic data transfers when working with certified organizations.

To participate in the DPF, US organizations must self-certify with the Department of Commerce and commit to adhering to a set of privacy principles including notice, choice, accountability for onward transfer, security, data integrity, access, and recourse. The framework also introduces new safeguards against US government surveillance, including binding limits on signals intelligence collection and the establishment of a Data Protection Review Court to hear complaints from EU individuals. These additions were specifically designed to address the legal deficiencies that led to Privacy Shield's invalidation.

For practical purposes, email marketers should verify whether their US-based vendors are DPF-certified by checking the official Data Privacy Framework list maintained by the Department of Commerce. If your ESP or other data processors are certified, transfers from the EU are covered without additional legal mechanisms. However, the DPF's long-term durability remains uncertain-privacy advocates have already challenged its adequacy, and a future court ruling could again invalidate transatlantic transfers under this framework. Use the DPF where available, but stay informed about legal developments and maintain contingency plans for alternative transfer mechanisms.