Navigating the Early Months of Privacy Shield Certification Amidst Uncertainty

Over two hundred companies have become Privacy Shield-certified and hundreds more have begun the process. Others are taking their time and weighing their options, particularly because a challenge to the Privacy Shield has already been filed in Europe. “This is a serious privacy program . . . that we intend to have implemented and administered in a way that maintains the confidence of data protection authorities and stakeholders in Europe,” Ted Dean, Assistant Secretary for Services at the Department of Commerce said. During a recent webinar hosted by Data Guidance, Dean and attorneys at Sidley Austin discussed how to approach the self-certification process and whether this mechanism for transatlantic data transfer is the right choice for all companies. For more on the Privacy Shield’s specific requirements, see “Key Requirements of the Newly Approved Privacy Shield” (Jul. 20, 2016).

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