Renew MEP Raquel García Hermida-Van Der Walle has raised concerns that the US Supreme Court's 29 June 2026 ruling against independent executive authorities may undermine the legal basis for EU-US data transfers under the Data Privacy Framework, potentially leaving citizens and businesses in legal uncertainty.
The written parliamentary question, submitted on 2 July 2026, targets the European Commission's 2023 adequacy decision, which relied on the US Federal Trade Commission as an independent supervisory authority to enforce data protection rules. The MEP notes that two previous adequacy decisions—the Safe Harbour in 2015 and Privacy Shield in 2020—were invalidated by the Court of Justice of the European Union due to insufficient US data protections.
whether the Commission shares concerns about the Supreme Court judgment and when it will assess its impact on the adequacy decision; whether the Commission will raise the issue politically with US authorities to stress that independent supervision is a condition for the framework's continuation; and whether the Commission will proactively safeguard EU citizens' data protection rather than wait for a potential third CJEU invalidation.
The question signals a push for the Commission to act swiftly to prevent legal uncertainty for transatlantic data flows, which affect businesses relying on data transfers and EU citizens concerned about privacy. The Commission is expected to reply within approximately six weeks, and its answer will indicate whether it considers the adequacy decision still valid or plans to reopen negotiations with the US.