The EU (European Union)-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the EU and Switzerland to the U.S.
The Privacy Shield Program, which is administered by the International Trade Administration within the Department of Commerce, allows U.S.-based organizations to join one or both of the Frameworks. While participation is voluntary, organizations that opt to participate are required to self-certify and commit to compliance with the Frameworks’ requirements.
The ICDR-AAA provides several dispute resolution and administrative services related to the Privacy Shield Program.
The ICDR-AAA EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Program Independent Recourse Mechanism (IRM). The ICDR provides the readily available Independent Recourse Mechanism required by participating organizations.
Annex I of the EU-U.S. and Swiss-U.S. Privacy Shield Framework. Privacy Shield participants in either the EU-U.S. or Swiss-U.S. Privacy Shield Framework are obligated to arbitrate certain claims as per Annex I of the EU-U.S. Privacy Shield Framework or the Swiss-U.S. Privacy Shield Framework.
EU-U.S. and the Swiss-U.S. Privacy Shield Annex I Binding Arbitration Mechanism. The ICDR-AAA has been selected by the U.S. Department of Commerce to manage the Privacy Shield Annex I Arbitration Mechanism and Arbitral Fund, into which participating organizations are required to pay a periodic contribution. In addition, the ICDR-AAA administers arbitration cases filed by EU and Swiss individuals under Annex I. See the
EU-U.S. Privacy Shield Annex I Binding Arbitration Mechanism or Swiss-U.S. Privacy Shield Annex I Binding Arbitration Mechanism for more information on these programs.