EDPB Formally Asks EC to Reassess EU-US Data Privacy Framework After FTC Ruling

On July 31, 2026, EDPB Chair Anu Talus wrote formally to European Commission Commissioner Michael McGrath requesting a close assessment of how the US Supreme Court's June 29 ruling in Trump v. Slaughter affects the FTC's ability to uphold EU-US Data Privacy Framework commitments. The ruling, decided 6-3, found that statutory restrictions on the President's power to remove FTC Commissioners are unconstitutional — eliminating the FTC's independence that the EC's 2023 adequacy decision cited 259 times as a foundational element. The DPF adequacy decision remains legally in force: no court has annulled it, and certified US companies can still lawfully receive EU personal data transfers. However, the Latombe v Commission ECJ appeal — challenging the original 2023 adequacy decision — is ongoing, and the EDPB's formal intervention substantially increases the probability that the EC will need to act before that case is decided. Law firms advising on EU-US data transfer compliance should prepare contingency analysis for SCCs and supplementary measures in the event the DPF is suspended or narrowed.