Europe Center nonresident senior fellow Kenneth Propp, with co-authors Peter Swire and Théodore Christakis, reacts to the details of the White House “Executive Order On Enhancing Safeguards For United States Signals Intelligence Activities” to implement changes to safeguard the free flow of data between the European Union and the United States, and the creation of a Data Protection Review Court.

The new U.S. regime will only pass muster in the Court of Justice of the European Union if it meets EU legal requirements. In this initial article, we focus on one key set of issues — would the decisions of the new Data Protection Review Court meet the relevant EU legal requirements for independence and effectiveness in deciding upon a complaint for redress by an EU person? We suggest that this could indeed be the case.

Kenneth Propp, Peter Swire, and Théodore Christakis

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