EU-U.S. Privacy Shield helps companies transferring personal data from European Union (EU) to United States (U.S.) comply with EU data protection requirements.
“ESR’s commitment to the privacy and the security of the information that we handle when performing due diligence background checks is foremost in our minds,” said ESR president and chief compliance officer Brad Landin. “The Department of Commerce’s acceptance of ESR’s annual submission for re-certification of our adherence to the Privacy Shield Framework is a demonstration of that obligation.”
The EU-U.S. Privacy Shield Framework was designed by the Department of Commerce and European Commission to provide companies that transfer personal data from the European Union (EU) to the United States (U.S.) with a mechanism to comply with EU data protection requirements in support of transatlantic commerce. The EU-U.S. Privacy Shield Framework officially launched on August 1, 2016.
The EU-U.S. Privacy Shield Framework includes seven commonly recognized privacy principles combined with 16 equally binding supplemental principles that explain and augment the first seven principles. The 23 Privacy Shield Principles lay out requirements for the use of personal data received from the EU by participating organizations. The Principles are available at www.privacyshield.gov/EU-US-Framework.
Organizations must self-certify to the ITA annually their adherence to Privacy Shield in order to remain on the Privacy Shield List. Along with Microsoft and Salesforce, ESR was one of the first adopters of Privacy Shield with an original certification date of August 12, 2016, less than two weeks after the official launch date. The ESR page on the Privacy Shield list is available here. The entire list is at www.privacyshield.gov/list.
Although the decision to join Privacy Shield is voluntary, the public commitment by an organization to comply with Privacy Shield Principles through self-certification is enforceable under U.S. law by either the U.S. Federal Trade Commission (FTC) or the U.S. Department of Transportation (DOT). The official EU-U.S. Privacy Shield Framework website is available online at www.privacyshield.gov.
The EU-U.S. Privacy Shield Framework replaces a previous international agreement called “Safe Harbor” that was invalidated by a European Court of Justice ruling on October 6, 2015, a decision that resulted from the case of Maximillian Schrems v. Data Protection Commissioner where an Austrian citizen lodged a privacy complaint about his data being transferred to servers in the U.S. for processing.
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