USA in blind flight: data protection authority without supervision - supervisory authority out of force - Image: Xpert.digital
Data protection crisis: Why the EU has to react to US developments
USA: Data protection authority without supervision - data protection without control
The United States was once considered a pioneer in data protection, but this picture is increasingly crumbling. What was once a matter of course - the protection of personal data by an independent control body - now seems to have moved far away. An alarming development throws dark shadows on the privacy of millions of people: the central data protection authority, which was supposed to guard about compliance with the rules, is without effective supervision.
This condition is not only worrying, but also carries concrete risks. Who controls whether companies and authorities handle their data carefully? Who is entering when data protection guidelines are disregarded? The answer is terrifying: nobody really. In this article we illuminate the background of this development, analyze the potential dangers for citizens and companies and show what consequences this loss of control could have for the future of data protection in the USA. It's about more than just paragraphs - it's about your privacy.
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The crisis of EU-US data protection: PCLOB dismantling endangers transatlantic data flows
The relevant supervisory committee for data protection in US secret service has made the discharge of several members of the Privacy and Civil Liberties Oversight Board (PCLOB) by the US government-with potentially far-reaching consequences for transatlantic data traffic. While the EU Commission has so far only reacted reluctantly, European companies are facing growing legal uncertainty when using American cloud services. The current development could fundamentally endanger the EU-US-US-US-US-EU Data Privacy Framework (DPF), which is only introduced in 2023 and force companies to urgently review their data transmission strategies.
The PCLOB as a key component of transatlantic data protection
The Privacy and Civil Liberties Oversight Board was originally set up in response to the recommendations of the 9/11 Commission and later expanded into an independent authority within the US executive. His main task is to ensure that the efforts of the US government to combat terrorism with the protection of privacy and bourgeois freedom.
The PCLOB plays a crucial role as part of the EU-US Data Privacy Framework, which has been in force since July 2023. The committee is intended to monitor whether the US intelligence agencies comply with the data protection requirements that were set in the Executive Order 14086. This monitoring function was an essential factor that convinced the European Commission that the United States offered an appropriate level of data protection.
The historical development of transatlantic data protection
The history of data transfer agreements between the EU and the USA is characterized by several setbacks. The previous agreements-Safe Harbor and Privacy Shield-were declared invalid by the European Court of Justice, mainly due to inadequate legal protection measures against the excessive access of US intelligence services to data from European citizens.
The current DPF should fix these problems by setting up independent supervisory bodies such as the PCLOB and introducing complaint procedures for EU citizens. In its approval decision, the European Commission expressly emphasized the importance of these supervisory mechanisms.
The current crisis: dismissal of the PCLOB members
On January 27, 2025, the Trump administration asked the three democratic members of the PCLOB to resign and finally dismissed them. The five -member body dropped this measure under its quorum - with only one remaining member, the PCLOB is no longer able to act.
This development is particularly worrying because the PCLOB is a legally anchored independent authority, the members of which are appointed for fixed terms. The release of the members is a direct interference with this independence and could lead to a return to the early days of the body when his work was defeated by the direct control of the White House.
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Political dimension of the decision
Discharge of PCLOB members is not only an administrative act, but also sends a clear political signal: data protection issues are not a high priority in the current US administration. This attitude contradicts the Unitarian Executive Theory, which is advocated by the current US government and who wants to put the entire executive under direct presidential control.
It is expected that the new pclob will take a significant time based on previous experiences. During this time, the authority will not be able to initiate any investigations or publish reports on the activities of the secret services that may threaten civil freedom.
The reaction of the EU Commission and the Future of the DPF
Despite the obvious threat to the DPF, the European Commission has so far only reluctantly responded to the dismissal of PCLOB members. In its response to a parliamentary request of April 14, 2025, the Commission avoided a clear statement on the risks of the stability of the agreement.
The Commission argued that the Executive Order 14086, which forms the basis of the DPF, was still in force and contained protective measures for the data of EU citizens. It also referred to the legal remedy mechanism, which was set up by the Data Protection Review Court.
Possible consequences for the DPF
However, the inability to function of the PCLOB could have far -reaching consequences for the validity of the DPF. In its first review report in October 2024, the Commission had stated that it would "monitor the status of future vacancies and nominations/appointments exactly" in view of the important role of the PCLOB.
Max Schrems, the Austrian data protection activist, whose lawsuits had led to the invalid declaration of the previous agreements, already sees a “first hole in the tagpf” in the dismissal of the PCLOB members. There is a risk that the agreement before the European Court of Justice will be contested again and may be declared invalid, which would lead to considerable legal uncertainty.
The TASTFF stands for Trans-Atlantic Data Privacy Framework and is the current data protection agreement between the European Union and the USA. It was decided on July 10, 2023 by the EU Commission as the successor to the "Safe Harbor" and "Privacy Shield", previously overturned by the European Court of Justice.
Goal and function
The TASTFF is intended to ensure an appropriate level of protection for personal data that is transferred from the EU to the USA. It is not a law, but an adequacy decision in accordance with Art. 45 Para. 1 GDPR. US companies that want to process personal data from the EU must voluntarily undergo a self-certification procedure at the US Ministry of Trade and undertake to comply with certain data protection standards.
Practical importance
- Only certified US companies can rely on the tapff and receive data from the EU.
- Additional protective measures are still necessary for data transmission to non-certified US companies.
- The tapf is intended to offer companies in the EU and the USA legal certainty and facilitate transatlantic data traffic.
Criticism and uncertainties
Like its predecessors, the tapf is criticized because there are doubts as to whether the protective measures against surveillance by US authorities are actually sufficient. There is a risk that this agreement from the European Court of Justice could also be declared ineffective in the future.
The tapf is the current framework for the transatlantic data transfer and is intended to ensure that personal data from the EU can be transferred to the USA in compliance with European data protection standards.
Effects on companies in the EU
The current situation presents European companies with considerable challenges, in particular those that are strongly dependent on US cloud services. US cloud services form the backbone of most European organizations, and a possible loss of the DPF could significantly impair these business relationships.
Risks in data transfer to the USA
If the DPF is declared invalid, companies that transmit personal data to the USA must take alternative protective measures, such as standard contract clauses (Standard Contractual Clauses, SCCS). However, these offer less legal certainty and are associated with higher administrative effort.
Companies that use the services of large technology companies such as Google, Microsoft and Meta that have certified themselves under the DPF would be particularly affected. The DPF's loss could even force these tech giants to process data of European users in European clouds, which would be associated with considerable costs and restructuring.
Recommendations for action for companies
In view of the current legal uncertainty, companies in the EU should proactively check their data transmission strategies and, if necessary, adapt them.
Review of the cloud dependencies
A thorough analysis of your own cloud infrastructure is the first step. Companies should identify which are dependent on their systems and data on US cloud providers.
Cloudaware's Application Discovery and Dependency Mapping Tools can help to scan the entire area - cloud and locally - and to identify important dependencies. This enables companies to recognize potential risk areas and to develop alternative strategies.
Creation of a strategy for emergencies
Companies should not only understand their current cloud dependencies, but also develop an emergency plan if the DPF should actually be declared invalid. This could include the implementation of alternative transmission mechanisms such as SCCs or the switch to European cloud providers.
An important step is also to check whether US providers with which data are shared are certified according to the DPF. The official list of DPF-certified companies is available at https://www.datapaprivacyframework.gov/s/participant-search.
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Growing uncertainty in transatlantic data protection
The dismissal of the PCLOB members marks a critical turning point for transatlantic data protection and presents the EU-US data privacy framework before a serious test. Although the European Commission has so far adhered to the validity of the agreement, uncertainty about its future is growing.
Companies in the EU should follow these developments carefully and prepare for possible changes. The review and, if necessary, redesign your cloud dependencies is not only a legal necessity, but also a strategic measure to protect your business interests.
The coming months will show whether the DPF can withstand the current challenges or whether European companies are once again faced with a fundamental restructuring of their transatlantic data flows.
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