On September 8, 2017, the Federal Trade Commission (FTC) announced settlement of its first enforcement action involving the terms of the Privacy Shield. Three companies – Decusoft, LLC, Tru Communication, Inc., and Md7, LLC were alleged to have violated the Federal Trade Commission Act (FTC Act) by falsely claiming that they were certified to the EU-U.S. Privacy Shield. In fact, they had not completed the certification process required. One of the companies, Decusoft, falsely claimed not to be certified to the Swiss-U.S. Privacy Shield. As part of their settlements with the FTC, the companies are prohibited from misrepresenting the extent to which they participate in any privacy or…