What are the advantages of the TADAP framework?

To ensure the legally secure transfer of data between the USA and the EU, there have already been a few data protection agreements, but they have failed. Namely, the “Privacy Shield” and “Safe Harbour.” Despite the agreements, the U.S. could not guarantee the protection of personal data. The new TADAP framework is expected to bring the long-awaited redemption.

Failed agreements before TADAP

The first agreement between EU states and the U.S. “Safe Harbour” officially failed in 2015. The problem was: U.S. companies are required by U.S. law to make data available to U.S. security agencies at any time. This contradicts the protection of personal data according to EU regulations (GDPR).

However, the second agreement, “Privacy Shield” also gave priority to US law and allowed mass surveillance, which conflicts with the principle of data minimization. in the famous Schrems II ruling, this attempt was also declared invalid by the ECJ in 2020.

What is TADAP?

TADAP is an acronym for: Trans-Atlantic Data Privacy Framework, which was signed in October 2022. This agreement defines stricter requirements for the transfer of data to US security authorities. From now on, access to personal data will only take place if national security is at risk.

It will also be possible for EU citizens to complain about alleged illegal access to their data. An independent review of the data processing will then take place.

The new law will probably come into force in the first half of 2023. It remains to be seen whether the new agreement, often referred to as “Privacy Shield 2.0,” can ultimately withstand the requirements of the GDPR. Some critics have already voiced their concerns.