News · Tech · Published 11 July 2026
US court ruling raises fresh uncertainty over EU–US data transfers
Sweden’s privacy regulator says the current adequacy decision remains valid, but organisations should prepare for possible changes.
DailySweden Editorial Desk
Updated 00:37 · 3 min read
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A United States Supreme Court ruling has created new uncertainty around the legal framework used by organisations to transfer personal data from the European Union to the United States.
Sweden's privacy regulator, IMY, says the judgment in Trump v Slaughter concluded that a US president may dismiss a member of the Federal Trade Commission without specific cause. The European Data Protection Board, of which IMY is a member, will analyse what the decision could mean for data transfers.
Since 2023, the European Commission has treated the United States as providing an adequate level of protection for personal data transferred to recipients participating in the EU–US Data Privacy Framework.
Sweden’s privacy regulator says the current adequacy decision remains valid, but organisations should prepare for possible changes.
That adequacy decision was based on commitments made by the United States to strengthen data protection. IMY says the independence of the Federal Trade Commission and the Privacy and Civil Liberties Oversight Board is important to the framework's operation.
Tech essentials
After Donald Trump took office last year, several Democratic members were removed from independent oversight bodies including the FTC and PCLOB. Legal cases have examined whether those dismissals were lawful. The new Supreme Court judgment gives an affirmative answer in the case involving the FTC.
According to IMY, the ruling puts renewed focus on whether the oversight bodies can still be considered independent and whether that could affect the future validity of the EU adequacy decision.
What happens now
The current decision remains in force. Organisations can therefore continue to rely on it while it is valid. IMY is not saying that transfers under the framework have become unlawful.
However, the European Commission must continuously evaluate how an adequacy decision works. If the United States is no longer considered to provide adequate protection, the Commission can withdraw, amend or suspend the decision. The Court of Justice of the European Union can also invalidate it, as happened with two earlier EU–US arrangements in the Schrems judgments.
IMY says organisations should remain informed and be prepared for changing circumstances. That preparation could include knowing how data would be retrieved from service providers if the legal basis for transfers changed.
The European Data Protection Board will now assess the possible consequences and remain in contact with the European Commission. Until that analysis produces a change, the 2023 adequacy decision continues to apply.
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