EU-US Data Privacy Framework (Adequacy Decision)

The EU-US Data Privacy Framework (DPF) is the European Commission adequacy decision in force since July 2023 that permits data transfers to certified US companies without extra safeguards such as standard contractual clauses; it succeeded the Privacy Shield, struck down by the CJEU in Schrems II in 2020. A central element is a redress mechanism for EU citizens, in particular the "Data Protection Review Court" (DPRC), whose independence from US executive agencies was a precondition for EU recognition. A first action for annulment against the decision was dismissed by the General Court of the European Union on 3 September 2025 (T-553/23, Latombe v Commission); an appeal against that judgment is pending before the Court of Justice (C-703/25 P). The US Supreme Court ruling in "Trump v. Slaughter" (late June 2026), which strengthened the president's power to remove members of independent US agencies such as the FTC at will, has raised new and serious doubts among specialists about the stability of those independence guarantees – positions range from noyb's call for the agreement to be withdrawn immediately to assessments (from the IAPP among others) that the redress mechanism does not lapse automatically in legal terms. For context: as of July 2026 the DPF therefore remains formally in force, but it is not uncontested – following further developments closely is strongly advised.

In practice

Companies transferring personal data to the USA (for example through US cloud, CRM or marketing tools) can continue to rely on the DPF as a valid transfer mechanism for now, but should take precautions today. Specialist lawyers (activeMind.legal among others) recommend a middle course rather than knee-jerk action: document existing DPF transfers, update transfer impact assessments and prepare standard contractual clauses with additional safeguards as a fallback for critical data flows. Neither immediate termination of DPF-based contracts nor inaction is appropriate: the appeal against the confirmation of the decision is pending before the Court of Justice (C-703/25 P), and the European Data Protection Board asked the Commission in a letter of 31 July 2026 to review the adequacy decision in the light of Trump v. Slaughter. It has not been annulled so far. Agencies should brief clients using US tools (Google Ads, Meta, HubSpot & Co.) factually on the development without spreading panic, and keep track of the legal situation through sources such as the European Commission, noyb.eu or the IAPP.

Sources

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