On July 17, 2023, the United States (U.S.) Department of Commerce launched the Data Privacy Framework (DPF) Program Website to enable eligible U.S. companies to self-certify participation in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) to facilitate cross-border transfers of personal data in compliance with European Union (EU) law, according to a press release.
To participate in the program, companies must self-certify and publicly commit to comply with the EU-U.S. DPF Principles, which are enforceable under U.S. law. They can also self-certify compliance with the UK Extension to the EU-U.S. DPF and/or the Swiss-U.S. DPF Principles. Eligible companies can sign up for the EU-U.S. DPF at DataPrivacyFramework.gov.
Companies that participate in the EU-U.S. Privacy Shield may begin relying immediately on the EU-U.S. DPF to receive personal data transfers from the European Union/European Economic Area but will need to self-certify to the EU-U.S. DPF by October 10, 2023. Companies interested in self-certifying should review DPF program requirements on the DPF program website.
The DPF program website comes after years of collaboration and negotiation to reestablish a mechanism for transfers of EU personal data to the U.S. after the European Commission’s adequacy decision for the EU-U.S. Privacy Shield was invalidated by the Court of Justice of the EU (CJEU) in July 2020 due to concerns regarding U.S. signals intelligence.
In October 2022, U.S. President Joe Biden issued Executive Order (EO) 14086 to bolster privacy and civil liberties safeguards with regard to U.S. signals intelligence. On July 10, 2023, the EU adopted an adequacy decision for the EU-U.S. DPF after determining that the additional safeguards in EO 14086 and the EU-U.S. DPF provide an adequate level of protection.
ClearStar is a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers Global Background Checks that comply with international privacy rules with an industry-first General Data Protection Regulation (GDPR)-ready “globally-native” platform. 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 (HR) 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), Form I-9, identity theft, privacy, social media screening, and workplace violence.
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