After a ruling by the EU Court of Justice – the highest court in the EU – declared the US/EU Safe Harbour Framework invalid, leaving more than 4,000 US companies with uncertainty as to the best way of transferring personal data between the EU and US, both parties have since been vigorously working toward a new version.
Now, the European Commission has approved a new Privacy Shield Framework, which allows US organizations to self-certify with the US Department of Commerce, and publicly commit to comply with the Framework’s requirements. The department has created a new website (www.privacyshield.gov) which contains very useful, explanatory notes and a self-certification facility. The starting point for the self-certification process is to review the website, where one can access an overview and frequently asked questions, the Privacy Shield Framework itself, and the application.
There is an immense benefit in applying sooner rather than later. Organizations which submit their self-certification within the first two months (between August 1 and September 30, 2016) are allowed an additional nine months after certification to bring existing commercial relationships with suppliers and other third parties into full conformity with Privacy Shield rules relating to transfers of data to agents.
After September 30, companies which have not already signed up will be required to be in full compliance with all Privacy Shield rules in order to self-certify. This not only applies the organizations themselves, but to any and all suppliers as well.
Dwellworks is actively engaged in becoming certified as a member of the new Privacy Shield. Chief Privacy Officer, Hank Roth, who joined Dwellworks in May of this year, will be heading up the registration process. He serves several positions with the Worldwide Employee Relocation Council (WERC) including chair of the Tax Forum, member of their government relations committee, and as a security and privacy task force member.
“The adoption of the new Privacy Shield Framework has lifted the weight of uncertainty that created fear and doubt as to the ability of US multinational organizations to easily move data from the EU to the US, and the potential impact on international business processes,” Mr. Roth said. We are all hoping there will not be any backlash from EU activists attempting to undermine the Privacy Shield as they did with the former Safe Harbour Agreement.”
To read more about the progress Dwellworks is making towards certification, click here.