Can't Just Phone In U.S.-E.U. Safe Harbor Compliance

Recent civil actions this month brought by the Federal Trade Commission (FTC) against two companies that allowed their certification under the U.S.-E.U. Safe Harbor Framework to lapse while still claiming to be compliant is a timely reminder that the Framework requires annual re-certification.  The FTC cited this lapse as a deceptive trade practice by each of TES Franchising, LLC and American International Mailing, Inc. 

By way of background, shortly after the European Union's Data Privacy Directive (the Privacy Directive) became effective in 1998, the U.S. Department of Commerce worked with European Union data protection authorities to develop the U.S.-E.U. Safe Harbor Framework.  This Framework allows U.S. businesses to self-certify their compliance with certain privacy norms that are consistent with the requirements of the Directive.  By doing so, the businesses may engage in the handling, processing and transmission of personal data of E.U. residents without