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Documents on Deal Allowing Data Transfers to EU Available from DOC

Tuesday, August 02, 2016
Sandler, Travis & Rosenberg Trade Report

The Department of Commerce has announced the availability of documents associated with the U.S.-European Union Privacy Shield Framework, which was designed 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 EU to the U.S. in support of transatlantic commerce. Available documents include the Privacy Shield principles and an annex describing the new arbitral model, letters describing the administration of Privacy Shield by DOC and enforcement by the Federal Trade Commission and the Department of Transportation, a letter regarding the Privacy Shield ombudsperson, two letters regarding safeguards and limitations applicable to U.S. national security authorities, and a letter regarding safeguards and limitations on U.S. government access for law enforcement and public interest purposes.

Companies may begin self-certifying to the Privacy Shield as of Aug. 1. Participating U.S. organizations will have to develop a conforming privacy policy, publicly commit to comply with the Privacy Shield principles so that their commitment becomes enforceable under U.S. law, annually re-certify their compliance to the DOC, provide free independent dispute resolution to EU individuals, and be subject to the authority of U.S. federal enforcement agencies.

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