doc_eg_pp3_safeharbor

Welcome to the Safe Harbor

Announcement: The Department of Commerce and the Federal Data Protection and Information Commission of Switzerland have completed negotiations on establishing a data protection framework between the two countries. An exchange of letters was signed on December 9 by the Acting Under Secretary for International Trade, U.S. Department of Commerce and the Federal Data Protection and Information Commissioner (FDPIC) on the creation of a `US-Swiss Safe Harbor Framework'. The framework will simplify the transfer of personal data by Swiss firms to American companies certified by the US Department of Commerce. In addition to administrative simplifications for businesses, the bilateral data protection framework will also strengthen the data protection rights of those concerned with respect to the certified companies.

The principal documents which will make up the framework will be posted within the next two weeks after the Department of Commerce has received notification from the Swiss government that the framework has legal effect.

For further information, contact:

Damon C. Greer
U.S. Department of Commerce
International Trade Administration
1401 Constitution Avenue, N.W.
Washington, D. C. 20230

Telephone: +1-202-482-5023
Facsimile: +1-202-482-5522
Email: damon.greer@mail.doc.gov

Introduction:

The European Commission’s Directive on Data Protection went into effect in October of 1998, and would prohibit the transfer of personal data to non-European Union nations that do not meet the European “adequacy” standard for privacy protection. While the United States and the European Union share the goal of enhancing privacy protection for their citizens, the United States takes a different approach to privacy from that taken by the European Union.

In order to bridge these different privacy approaches and provide a streamlined means for U.S. organizations to comply with the Directive, the U.S. Department of Commerce in consultation with the European Commission developed a "Safe Harbor" framework and this website to provide the information an organization should need to evaluate – and then join – the Safe Harbor.

To get started, use the following two links:

Safe Harbor Checklist for U.S. Companies

Helpful Hints Prior to Self-Certifying