Part 2: On Double Standards and the Way Forward In Part 1 of this article, published here, I explained how the US government tries to exclude Executive Order 12333 and international surveillance from the scope of the EU/US adequacy negotiations and I presented four possible responses to the US arguments. In this second Part, I will enter into a critical approach of the EU position on the relevance of the ECHR and I will argue that the US could reasonably put [...]

Part 1: Countering the U.S. Arguments As the United States (US) and the European Union (EU) “intensify” negotiations to reach a new adequacy decision following the invalidation of Privacy Shield by the Court of Justice of the European Union (CJEU) in its July 16, 2020 Schrems II judgment (discussed here, here and here), one pressing question is what should be included and what should be excluded from the scope of the negotiations. It went unnoticed, but the US submissions to two [...]

The Cross-Border Data Forum is pleased to announce the appointment of Kenneth Propp as a Senior Fellow. Kenneth Propp teaches European Union Law at Georgetown University Law Center.  He also serves as a Senior Fellow with the Europe Center at the Atlantic Council in Washington, D.C., specializing in transatlantic digital policy issues.   From 2016-2018, Mr. Propp was director of trade policy for BSA | The Software Alliance, an association of major software companies.  From 2011-2015, he served as Legal Counselor at [...]

‘EU–US negotiations on law enforcement access to data: divergences, challenges and EU law procedures and options’, by Theodore Christakis and Fabien Terpan, is the first article to present the context and the numerous challenges surrounding the EU and the US’ negotiations aimed at concluding an agreement on cross-border access to electronic evidence (e-evidence) for judicial cooperation in criminal matters. [...]