On October 7, 2022, President Joseph Biden signed the Executive Order Number 14086 Enhancing Safeguards for United States Signals Intelligence Activities (the "EO").1 The EO provides additional protections as part of an effort to restore the free flow of personal data transfers from Europe to the United States. This marks the most recent step towards the new EU-U.S. Data Privacy Framework, which will replace the EU-U.S. Privacy Shield (the "Privacy Shield").
Proofpoint is currently Privacy Shield certified, but Proofpoint has never solely relied on the Privacy Shield framework as a legal basis for transfers of personal data outside of Europe. Proofpoint has always included the Standard Contractual Clauses (the "SCCs") in its standard data processing agreement as Proofpoint's primary data transfer mechanism for personal data transfers outside of Europe. Irrespective of next steps following the release of the EO, Proofpoint will continue to leverage the SCCs as a legal basis for transferring personal data outside of Europe. Additionally, Proofpoint provides our data exporter customers with a data transfer assessment,2 in accordance with the European Court of Justice’s decision in Schrems II and related guidance issued by the European Data Protection Board.
Proofpoint will continue to monitor the reception of the EO by European regulators to understand what benefits for facilitating transatlantic data flows may ultimately come from the EO.
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Last updated November 01, 2022.