What is the impact of Privacy Shield?
The U.S. Department of Commerce began accepting new applications under the EU Privacy Shield Framework on August 1st, 2016 and will begin new applications under the Swiss Privacy Shield Framework on April 12, 2017. Companies interested in self-certifying under the Privacy Shield Frameworks should begin reviewing the new requirements and creating a Privacy Shield compliant notice and incorporating these principles into its corporate practices. DMA shall serve as a dispute resolution provider under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (as it has done for Safe Harbor since inception.)
While joining the Privacy Shield Framework will be voluntary, once an eligible company makes the public commitment to comply with the Framework’s requirements, the commitment will become enforceable under U.S. law. All companies interested in joining the Privacy Shield Framework should review its requirements in their entirety. Please review your data flows and privacy practices with your legal counsel to ensure that your program is meeting the Shield requirements. The information provided by DMA is for your background and overall guidance and should not be considered as legal advice for your specific company’s needs.