Bret Cohen, Laurence Rothenberg, Alex Greenstein
The new Trans-Atlantic Data Privacy Framework (TADPF)—the replacement for the invalidated Privacy Shield framework—has been finalized. Accompanying the TADPF, the White House issued an Executive Order seeking to address the due process and redressability concerns raised by the European Court of Justice in the Schrems II case invalidating Privacy Shield just three years ago. To address these gaps, among other things the Executive Order established new oversight mechanisms of the intelligence community within the U.S. government, including the establishment of a new Data Protection Review Court and an advisory and oversight role by the Privacy and Civil Liberties Oversight Board (PCLOB). This panel will break down the new Executive Order, the updated requirements and procedures under the TADPF, and explain the role of the PCLOB and Department of Commerce in overseeing the new program.
Bret Cohen, Partner, Hogan Lovells
Laurence Rothenberg, Counselor to the Honorable Beth A. Williams, Privacy and Civil Liberties Oversight Board
Alex Greenstein, Director, Privacy Shield, U.S. Department of Commerce