EU-U.S. Privacy Shield Details Announced

The full text of the EU-U.S. Privacy Shield framework is now available. Privacy Shield was designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. Some quick facts about Privacy Shield include: It remains a voluntary self-certification program, similar to the now defunct Safe Harbor program; Individuals may bring a complaint directly to a Privacy Shield participant and the participant must respond to the individual within 45 days; Privacy Shield participants must commit to binding arbitration at the request of the individual to address any complaint that has not been resolved by other recourse and enforcement mechanisms; and Expect greater involvement of the Department of Commerce as well as Federal Trade Commission with respect to oversight, supervision and enforcement.

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