In 2023, the Data Privacy Framework (DPF) Program was launched to facilitate transatlantic commerce by providing United States (U.S.) based organizations with reliable mechanisms for personal data transfers from the European Union (EU), United Kingdom (UK), and Switzerland (Swiss) to the U.S. while ensuring data protection that is consistent with EU, UK, and Swiss law.
The EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF were developed by the U.S. Department of Commerce and the European Commission, the UK Government, and the Swiss Federal Administration. The DPF program enables eligible U.S.-based organizations to self-certify their compliance with the International Trade Administration (ITA).
To participate in the DPF program, a U.S.-based organization is required to self-certify and publicly commit to comply with the DPF Principles located at DataPrivacyFramework.gov. While the decision to self-certify is voluntary, effective compliance upon self-certification is compulsory. Once an organization self-certifies, that commitment is enforceable under U.S. law.
The DPF Principles that a U.S.-based organization is required to comply with for certification include the seven Main Principles of 1.) Notice, 2.) Choice, 3.) Accountability for Onward Transfer, 4.) Security, 5.) Data Integrity and Purpose Limitation, 6.) Access, and 7.) Recourse, Enforcement, and Liability. In addition, the DPF Principles also include 16 Supplemental Principles.
ClearStar – a leading global Human Resources technology company specializing in background checks, drug testing, and occupational health screening – has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. DPF Principles, the UK Extension to the EU-U.S. DPF Principles, and the Swiss-U.S. DPF Principles. To learn more, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
