EU-U.S. Data Privacy Framework (DPF)

The EU-U.S. Data Privacy Framework (DPF) brings a new era of data protection. Privacy Shield certifications can transition to DPF. Update privacy notices, agreements, and comply with DPF Principles by Oct 10, 2023.

EU-U.S. Data Privacy Framework (DPF)
EU Data Privacy Compliance

EU-U.S. Data Privacy Framework (DPF): Compliance Update

Source: Hogan Lovells Keywords Compliance DPF

The recent operational update on the transition to the EU-U.S. Data Privacy Framework (DPF) signifies a new era of data protection. If you've kept up with your Privacy Shield certifications, you can start relying on the DPF immediately, but remember to fully comply with the DPF Principles by October 10, 2023. The good news is that these principles largely mirror those of the Privacy Shield. Your main task will be to update your privacy notices for EU individuals, making it clear that their data now gets transferred under the DPF. Also, ensure that these notices contain all disclosures as required by the DPF notice principle. If your data processing agreements with third parties mention the Privacy Shield, update them to reference the DPF instead. The transition process is designed to be efficient, with Privacy Shield certifications being automatically converted to DPF certifications. However, be aware, your annual recertification schedule remains unchanged, and you'll need to show DPF Principles compliance at your recertification. If you decide not to partake in the DPF, remember to formally discontinue through the established process.

EU-U.S. Data Privacy Framework: A Guide for Financial Institutions

With the recent operational update on the EU-U.S. Data Privacy Framework (DPF), a new era of data protection has dawned. The shift carries significant implications for various financial institutions - including banks, insurance companies, investment firms, and payment/e-money institutions - operating under the jurisdictions of the European Union and the United States.

The transition from the Privacy Shield to the DPF serves to bolster data compliance, demanding increased transparency in data transfers. This could lead to greater public awareness and increased scrutiny of financial institutions' data practices. Therefore, financial institutions must adopt robust strategies to meet these stringent requirements, fortifying their data security measures while enhancing privacy considerations within their business practices.

A critical aspect of DPF compliance involves updating privacy notices for EU individuals. Financial institutions must ensure these notices explicitly state that data transfers now occur under the DPF, in alignment with its principles. Moreover, all third-party data processing agreements previously referencing the Privacy Shield should be revised to mention the DPF.

With the automatic conversion of Privacy Shield certifications to DPF certifications, uniformity in data privacy standards across organizations is expected to increase. However, this also means a heightened risk of non-compliance penalties for organizations failing to discontinue their participation in the DPF formally.

Despite these changes, the annual recertification schedule remains consistent, encouraging financial institutions to maintain their high data privacy standards. Full compliance with DPF principles should be achieved by October 10, 2023.

As the digital age continues to evolve, the importance of data privacy compliance cannot be overstated. By diligently transitioning from the Privacy Shield to the DPF, financial institutions can safeguard their operations, stay compliant, and uphold their commitment to data protection. To successfully navigate this transition, these institutions should focus on transparency, review their data processing agreements, adhere to DPF principles, and ensure the continuity of compliance obligations.

With the right approach and preparation, financial institutions can turn this regulatory shift into an opportunity, reinforcing trust among customers and stakeholders while fostering a culture of data privacy.

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Operational update on EU-U.S. DPF implementation and transition for Privacy Shield participants
On 11 July 2023, the Department of Commerce’s International Trade Administration (ITA) published an operational update (Update) on implementation of the EU-U.S. Data Privacy Framework (DPF). Sig…

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