How could Trump administration actions affect the EU-US Data Privacy Framework?

To date, the Trump administration's actions have been swift across many domains, focusing on tariffs, trade, immigration, border control, the Ukraine war and more. While none of the administration's moves have directly affected the core U.S. elements that underpin the EU-U.S. Data Privacy Framework, two recent actions create a concern that the DPF might be susceptible to a Court of Justice of the European Union finding that invalidates the European Commission's DPF adequacy decision.

Overall, our sense is that such an CJEU finding would be unlikely to mature in the short term, given the longer timelines needed for judicial review.

Moreover, when such a case is presented before the CJEU, much will depend on the other actions the Trump administration and the Commission take in the interim. Both the Trump administration and the Commission have a strong interest in continuing to support the DPF as the "trans-Atlantic bridge" for data transfers. More than 2,800 U.S. companies participate in the DPF. Their participation benefits their own commercial interests, as well as those of their European customers and business partners.