PRIVACY SHIELD GRACE PERIOD IS ENDING, ARE YOU READY? A C C OU N TAB ILI TY F OR O NW AR D TR AN SF ER , EU US P RIV A C Y SH I ELD , PRIVACY SHIELD, VENDOR MANAGEMENT
March 20, 2017
Soon companies that self-certified with the Department of Commerce (DOC) last fall before the September 30, 2016 deadline will have the 9 month “grace period” come to a close. The grace period was given to these companies so that they could ensure that all of their third-party vendors met the Accountability for Onward Transfer principle. The grace period ends soon, meaning that the deadline is fast approaching. The Privacy Shield Accountability for Onward Transfer principle, Section II, 3.b., states: To transfer personal data to a third party acting as an agent, organizations must: (i) transfer such data only for limited and specified purposes; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with the organization’s obligations under the Principles; (iv) require the agent to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department upon request.
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