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Nine months after US President Joe Biden signed an executive order that updated rules for the transfer of data between the US and the EU, the European Commission this week ratified the EU-US Data Privacy Framework. Industry experts, however, say it will be challenged at the European Court of Justice (CJEU), and stands a good chance of being struck down.

The move comes two years after the CJEU shut down the previous EU-US data sharing agreement, known as Privacy Shield, on grounds that the US doesn’t provide adequate protection for personal data, particularly in relation to state surveillance. In 2015, a previous attempt to forge a data sharing pact, dubbed Safe Harbor, was also struck down by the CJEU.

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