Laws, Standards & Compliance

EU-US Data Privacy Framework

Also known as: DPF, EU-U.S. Data Privacy Framework, Trans-Atlantic Data Privacy Framework, Privacy Shield successor

The EU-US Data Privacy Framework (DPF) is the arrangement that allows personal data to flow from the European Union to US companies that certify their compliance with its principles.

It's the third attempt at such a deal, after Safe Harbor and Privacy Shield were both struck down by the EU's top court. While it has survived its first legal challenge, its stability still depends on US surveillance safeguards that can change with an administration.

EU-US Data Privacy Framework, explained at three levels

At home

Think of the Data Privacy Framework as a membership club for US companies. To join, a company publicly promises to follow European-style privacy principles, and the US government adds limits on how its spy agencies can access that data. If you're in the EU and a club member processes your data in the US, the transfer is legal without extra contracts.

At work

The DPF is a European Commission adequacy decision that covers US organizations which self-certify with the Department of Commerce. Certified companies commit to principles on notice, choice, purpose limits, security, and onward transfers, enforced by the Federal Trade Commission or the Department of Transportation. Businesses care because EU organizations can send personal data to a certified US company without signing standard contractual clauses.

Real-world examples

At home

Marcus, living in Dublin, wondered if his photos were safe on a US cloud storage service. He checked and found the company was certified under the Data Privacy Framework, which meant it had committed to EU-standard privacy principles for his data.

At work

Sophie is the data protection officer at a German retailer using a US analytics provider. She confirmed the provider's DPF certification but kept standard contractual clauses in the contract as a fallback, given how the two previous frameworks ended.

How it compares

featureEU-US Data Privacy FrameworkPrivacy ShieldSafe Harbor
Years in effect2023 to present2016 to 20202000 to 2015
FateUpheld by the General Court in 2025, appeal pending at the Court of Justice as of 2026Struck down in Schrems IIStruck down in Schrems I
Surveillance safeguardsExecutive Order 14086, Data Protection Review CourtOmbudsperson mechanismMinimal
How companies joinSelf-certification with US CommerceSelf-certificationSelf-certification

Each framework tried to fix the last one's surveillance gaps; the DPF goes furthest but still depends on executive action.

For analysts

Never rely on a single transfer mechanism for critical EU-US data flows. I'd keep SCCs in every contract as insurance, because two frameworks have already been struck down with little warning.

History & origin

The first framework, Safe Harbor (2000), was invalidated by the Court of Justice of the European Union in October 2015 in a case brought by privacy activist Max Schrems. Its replacement, the EU-US Privacy Shield (2016), was struck down in July 2020 in the 'Schrems II' ruling, which found US surveillance law didn't adequately protect Europeans. To address the court's concerns, US President Biden signed Executive Order 14086 in October 2022, adding limits on intelligence activities and a new Data Protection Review Court. The European Commission adopted an adequacy decision for the DPF on July 10, 2023. In September 2025, the EU General Court dismissed a challenge to the framework, and the challenger appealed to the Court of Justice in October 2025. In my opinion, the DPF is stable for now, but it rests on executive action rather than legislation, which is a fragile foundation.