The FTC Continues To Flex Its Safe Harbor Enforcement Muscles

On August 17, 2015, the Federal Trade Commission (FTC) announced settlements with 13 companies on charges that they misled consumers by claiming that they were certified members of the U.S.-EU or U.S.-Swiss Safe Harbor programs when in fact their certifications had lapsed or never existed in the first place. The FTC's announcement comes on the heels of two previous settlements reached in late May 2015 with companies that had lapsed certifications despite representations to the contrary made to online consumers. This recent activity by the FTC serves as yet another reminder to businesses to monitor their Safe Harbor program certification renewal dates and to exercise care when making representations in privacy policies related to Safe Harbor program certification.