Enforcement is increasing under the EU US Privacy Shield Framework for cross border transfer of personal data. A report published by European regulator, the European Data Protection Board (EDPB), lists enforcement initiatives by the Department of Commerce (DoC) and the FTC.

• On a quarterly basis the DoC conducts “false claims reviews” to identify organizations that have started but not finished an initial or re-certification or that did not submit their annual recertification.
• The DoC performs random web searches for false claims of participation in the program
• The DoC performed a sweep of 100 randomly chosen organizations.
• The DoC designated a person to follow the media and to do keyword searches to identify possible breaches of the Privacy Shield commitment.
• The DoC performs regular checks for broken links to the privacy policy on the Privacy Shield list.
• This year the FTC brought 5 new Privacy Shield cases.
• The FTC investigates Privacy Shield-related referrals (approximately 100).
• The FTC started to send Civil Investigation Demands (CIDs) proactively to monitor compliance with the Privacy Shield principles.

Details in the Second Annual Joint Review.

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