Privacy Shield News and Events

Privacy Shield-Related News

July 2, 2018: The Federal Trade Commission (FTC) announced a California company has agreed to settle FTC allegations that it falsely claimed it was in the process of being certified as complying with the EU-U.S. Privacy Shield Framework (see press release). In conjunction with the announcement, the FTC issued a blog post reminding companies about the potential consequences of making false claims regarding Privacy Shield participation.

As part of its settlement with the FTC, the company is prohibited from misrepresenting its participation in any privacy or security program sponsored by a government or any self-regulatory or standard-setting organization and must comply with FTC reporting and compliance requirements. The agreement will be subject to public comment for 30 days after which the FTC will decide whether to make the proposed consent order final.
May 11, 2018: In this interview, a Commercial Specialist at the U.S. Mission to the European Union shares information on the EU General Data Protection Regulation (GDPR) and how self-certification to the EU-U.S Privacy Shield can help companies prepare.
May 1, 2018: From January 2017 through May 2018, the U.S. Government has taken action to support the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. These measures enhance privacy protections for EU and Swiss individuals, while ensuring that American and European businesses can count on the Privacy Shield to deliver innovative products and services across the Atlantic. (Information available in French and German)
April 2, 2018: Swiss-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators; Closes April 30
March 9, 2018: The International Trade Administration (ITA) within the U.S. Department of Commerce is enhancing its procedures for conducting periodic compliance reviews under the Privacy Shield program. In order to monitor effective compliance with the program, ITA’s Privacy Shield team will conduct spot checks of randomly selected Privacy Shield participants in which ITA will seek to verify:

1) that the point(s) of contact responsible for the handling of complaints, access requests, and other issues arising under the Privacy Shield are available,

2) that the organization’s publicly-facing privacy policy is available for viewing by the public,

3) that the organization’s privacy policy continues to comply with the self-certification requirements described in the Framework, and

4) that the organization’s chosen independent recourse mechanism(s) is available to investigate and resolve complaints.

Additionally, ITA’s Privacy Shield team will actively monitor news for reports regarding the privacy practices of Privacy Shield participants. If there is credible evidence that a participant does not comply with its commitments under the Privacy Shield or if significant issues are identified during a compliance review, the participant will receive a compliance questionnaire.

These enhancements are intended to strengthen the administration and supervision of the Privacy Shield Framework, increasing the confidence of participants in the Framework and of EU individuals that their data will be protected.

January 10, 2018: The Department is pleased to announce the following additional individuals have been selected for inclusion on the list of arbitrators developed by the U.S. Department of Commerce and European Commission as part of the EU-U.S. Privacy Shield Framework Annex I Binding Arbitration Program. Additional information regarding the Binding Arbitration Program is available at http://go.adr.org/privacyshieldannex.html.
- Alexander Blumrosen
- Robin Campbell
- Lynn Goldstein
- Matthew Getz
- Cedric Laurant
- Timothy Toohey
- Miriam Wugmeister
October 18, 2017: U.S. Secretary of Commerce Wilbur Ross Welcomes Release of the European Commission’s Report on the EU-U.S. Privacy Shield
September 20, 2017: Joint Press Statement from Secretary Ross and Commissioner Jourova on the Privacy Shield Review
September 15, 2017: White House Statement by the Press Secretary on the EU-U.S. Privacy Shield
September 13, 2017: Announcement of EU-U.S. Privacy Shield Arbitral Administrator and Fund Manager and Privacy Shield Participants’ Required Contributions to the Arbitral Fund
August 29, 2017: The Department is pleased to announce the following individuals have been selected for inclusion on the list of arbitrators developed by the U.S. Department of Commerce and European Commission as part of the EU-U.S. Privacy Shield Framework Annex I Binding Arbitration Program. Additional information regarding the program will be provided soon by the third party selected to serve as the Arbitral Administrator and Fund Manager, the American Arbitration Association/International Centre for Dispute Resolution. The Department of Commerce will re-publish the Federal Register Notice seeking additional candidates for inclusion on the list shortly so that at least four additional arbitrators may be selected to reach the level identified in the Framework.
- Kenneth Bamberger
- Allen Brandt
- Laura Fey
- Peter Guffin
- Christopher Hoff
- Chris Hoofnagle
- Deborah Hurley
- Travis LeBlanc
- Gabe Maldoff
- Joel Reidenberg
- Hon. Shira Scheindlin
- Lisa Sotto
- Omer Tene
- John Verdi
- Isabelle Wildhaber
- David Wilson

Privacy Shield-Related Events

October 20, 2018 (Brussels, Belgium): Second annual joint review of the Swiss-U.S. Privacy Shield Framework
October 18-19, 2018 (Brussels, Belgium): Second annual joint review of the EU-U.S. Privacy Shield Framework
May 14-15, 2018 (Berlin, Germany): A Department of Commerce official will give a Privacy Shield keynote at the 8th European Data Protection Days conference
March 27, 2018 (Washington, DC): Department of Commerce, Federal Trade Commission and European Commission officials will speak on a Privacy Shield panel at the IAPP Global Privacy Summit
March 12-23, 2018: International Trade Administration roadshow across ten U.S. cities, this in-depth seminar will inform U.S. businesses about the Privacy Shield benefits and EU General Data Protection Regulation. Traveling to the following cities: March 12: Troy, MI; March 13: Atlanta, GA; March 14: Cincinnati, OH; March 15: Cleveland OH; March 16: New York, NY; March 19: Dallas, TX; March 20: Salt Lake City, UT; March 21: San Diego, CA; March 22: Portland, OR; and March 23: Minneapolis, MN. Contact us to learn more.

Additional Privacy Shield-Related Resources

EU-U.S. Privacy Shield and the General Data Protection Regulation Webinar: During this one-hour webinar hosted by the Better Business Bureau, two U.S. International Trade Administration officials present tips to navigate GDPR and Privacy Shield.