European Court’s Ruling Invalidates Safe Harbor Framework
In early October 2015, Europe’s highest court, the European Court of Justice (ECJ) struck down the US-EU Safe Harbor Framework, which has allowed non-European Union countries to transfer data to and from the European Union (EU) by meeting the EU’s “adequate” standards of protection. Set up by the U.S. Department of Commerce (DOC) in conjunction with the European Commission (EC), the Framework has provided a means of efficient and enforceable protection for the international flow of data into the U.S. from Europe. The ECJ’s decision seriously jeopardizes transatlantic data flows for over 4,000 companies who use Safe Harbor as a way to create valuable products and services, enhance productivity, improve efficiency, deter fraud, and foster economic growth.
DMA remains an ardent supporter of the Safe Harbor Framework and, as a Safe Harbor third-party dispute resolution provider, DMA has helped companies meet the requirements of the Safe Harbor Enforcement Principle and resolve any data privacy complaints while ensuring the free flow of data.
As the situation unfolds, DMA continues to keep members updated with the latest information while advocating for the continuance of transatlantic data flows. For more information on this developing situation, contact firstname.lastname@example.org.
DMA’s Amendatory Veto Win in IL
At the end of August 2015, Illinois Governor Rauner issued an amendatory veto to the Illinois Personal Information Protection Act (SB 1833), which would have burdened data-driven marketers with substantial notice and compliance costs for breaches of “consumer marketing information” that pose no financial or economic risk of harm to Illinois consumers. Governor Rauner’s veto action, striking “consumer marketing information” and other harmful provisions from the bill results from the advocacy and grassroots efforts of DMA members and a broad-based coalition of affected industries and companies led by DMA that urged the governor to protect Illinois jobs threatened by this legislation.
US Supreme Court Ruling in DMA v. Brohl
In early March 2015, the US Supreme Court ruled unanimously in favor of the Direct Marketing Association in DMA v. Brohl. The opinion follows a five year battle against Colorado’s attempt to require out-of-state merchants to report private consumer purchases. DMA, on behalf of its members, filed suit in federal district court to stop the state’s unconstitutional overreach. The ruling preserves the ability to challenge state taxing laws that violate federally-guaranteed constitutional rights in federal court.