Federal Trade Commission Announces Settlements in Privacy Shield Enforcement Actions

The Federal Trade Commission sent an important message to companies participating in the EU-U.S. Privacy Shield when earlier this year, the agency announced that settlements had been finalized with five companies regarding separate allegations that they had falsely claimed certification under the framework. The EU-U.S. and Swiss-U.S. Privacy Shield frameworks make it possible for companies to transfer personal data lawfully from the EU and Switzerland, respectively, to the U.S. (In compliance with the EU – GDPR – General Data Protection Regulation). The FTC announcement can be found here. In individual actions the FTC had alleged that: DCR Workforce, Inc., Thru, Inc., LotaData, Inc., and 214 Technologies, Inc., each…

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Issues Remain to Be Resolved as Congress Considers Comprehensive Privacy Protections in 2020

As 2020 begins, Congress continues on a path toward providing consumers with greater protections for their data, lawmakers have exhibited a rare willingness to work toward consensus on the issue. Bills introduced by members of Congress in 2019 often shared more in common than not. But a hearing (https://www.commerce.senate.gov/2019/12/examining-legislative-proposals-to-protect-consumer-data-privacy) held late in the year by the Senate Committee on Commerce, Science and Transportation revealed differences that remain to be resolved before any bill will pass. The Committee brought together a diverse panel of five witnesses that included former FTC Commissioners, Vice Presidents of major technology companies and a representative of a civil liberties organization. The panelists largely agreed…

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EU-U.S. Privacy Shield Review Report Outlines Steps To Improve Enforcement and Monitor Compliance

The Privacy Shield – a mechanism by which U.S. companies can legally transfer data to the European Union, continues to draw the attention of regulators and policymakers. On December 19, 2018, the European Commission (the Commission) announced the publication of its report on the second annual review of the EU-U.S. Privacy Shield. The report offers companies insight into what aspects of the Privacy Shield officials find most important and what steps are planned to strengthen enforcement and oversee compliance. Background The EU-U.S. Privacy Shield is a framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. Companies must self-certify that they meet the requirements of…

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