United States and Switzerland Finalize Swiss-U.S. Privacy Shield Framework for Data Transfer

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Written By ESR News Blog Editor Thomas Ahearn

The International Trade Administration (ITA) has announced the final approval of the Swiss-U.S. Privacy Shield Framework designed by the U.S. Department of Commerce and the Swiss Government to align with the European Union (EU)-U.S. Privacy Shield and replace the U.S.-Swiss Safe Harbor Framework.

“The Swiss-U.S. Privacy Shield will ensure that data flows can continue in a way that provides confidence to individuals and certainty to businesses in both Switzerland and the United States,” Acting Under Secretary of Commerce for International Trade Ken Hyatt stated in a press release from the ITA.

The Swiss-U.S. Privacy Shield Framework will help companies comply with Swiss data protection requirements when transferring personal data from Switzerland to the United States for transatlantic commerce. U.S.-Swiss commercial ties included investment totaling more than $410 billion in 2015.

To give organizations the time needed to review the Principles and the commitments of the Swiss-U.S. Privacy Shield Framework, the Department of Commerce will begin accepting certifications on April 12, 2017. The full text is at http://trade.gov/td/services/odsi/swiss-us-privacyshield-framework.pdf.

The EU-U.S. Privacy Shield Framework designed by the U.S. Department of Commerce and European Commission to provide companies with a mechanism to comply with EU data protection requirements officially launched on August 1, 2016. The official website is at www.privacyshield.gov.

The EU-U.S. Privacy Shield Framework includes seven privacy principles combined with 16 supplemental principles that lay out requirements for the use and treatment of personal data received from the EU by participating organizations. All 23 Principles are available at www.privacyshield.gov/EU-US-Framework.

As reported earlier by ESR News, the international agreement called “Safe Harbor” that governed the transfer the digital data of individuals between the EU and U.S. was invalidated by a European Court of Justice ruling on October 6, 2015 in the case of Maximillian Schrems v. Data Protection Commissioner.

ESR Has EU-U.S. Privacy Shield Certification

Employment Screening Resources® (ESR) received notification from the U.S. Department of Commerce’s International Trade Administration (ITA) that its self-certification of adherence to the EU-U.S. Privacy Shield Framework was approved and effective as of August 12, 2016. Visit ESR at www.esrcheck.com.

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