U.S.-EU PRIVACY SHIELD FRAMEWORK GOES INTO EFFECT
November 23, 2016
On July 12, 2016, the EU-U.S. Privacy Shield Framework went into effect. This agreement will replace the U.S.-EU Safe Harbor Framework which was declared invalid by the European Court of Justice in October 2015. The EU-U.S. Privacy Shield Framework focuses on three main issues: Handling European’s personal data, U.S. Government access to data, and protection of EU citizen’s rights. Under the agreement, EU citizens who believe that their data has been misused will have several redress possibilities, and companies to which complaints are directed will have deadlines to respond to such complaints. European data protection authorities may refer complaints to the relevant enforcement authority, either the U.S. Federal Trade Commission (FTC) or DOT, and for complaints of suspected access to information by national intelligence authorities in the United States, a new ombudsperson will be created within the U.S. Department of State.
As under Safe Harbor, the decision by a U.S.-based organization to join the Privacy Shield program is entirely voluntary. Furthermore, once an eligible organization publicly commits to participate in the Privacy Shield and comply with the Privacy Shield Principles through an annual self-certification to the U.S. Department of Commerce (DOC), that commitment is enforceable under U.S. law by the relevant enforcement authority (FTC or DOT). As of August 1, the Department of Commerce stopped accepting new submissions for self-certification to the U.S.-EU Safe Harbor Framework. And as of October 31, the Department will stop accepting U.S.-EU Safe Harbor re-certifications.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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