A different world – also for data protection

Since US President Donald Trump made changes to the Privacy and Civil Liberties Oversight Board by dismissing the Democrat members, the future of the agreement is in question. The Board is a key part of the EU-US Data Privacy Framework ensuring seamless data transfers.

Michael McGrath, EU Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection has said that the EU is monitoring US developments and any possible complications that may arise for the data transfer deal. No-one wants a new challenge in the Court of Justice of the EU, and the deal benefits businesses on both sides of the Atlantic.

US Vice-President JD Vance has expressed dislike for the EU GDPR and the Digital Services Act. While the EU has been declaring for years that it is not re-opening the GDPR, it may now be considering a stripped-down framework for small and medium sized organisations. The EU is, on the whole, committed to a simplification agenda and better implementation of EU rules to make business easier in Europe.

The situation is different for the UK, now out of the EU but with its own UK-US adequacy arrangement, based on the EU one. A considerable weight rests on these trade deal negotiations with the US. But the UK also has to ensure that it retains its own EU adequacy by the end of 2025.

Elsewhere in the world new data protection laws are emerging, often influenced by the GDPR. There are now 172 jurisdictions globally with a data law.

In Europe, new GDPR interpretations are developing, for example on automated decision-making, profiling and the right of access. Apart from court decisions, DPAs’ opinions from the European Data Protection Board (EDPB) are shaping the landscape. Ireland’s DPA is a major player due to the presence of many big tech companies in the country. For example, it initiated the process for obtaining an EDPB Opinion on AI models late last year. Read about Ireland’s role as an enforcer and influencer.

Laura Linkomies
Editor, Privacy Laws & Business

April 2025