Ethics Alert Series
New Data Privacy Framework Launched for Global Marketers and Data Providers
Global marketers and data providers are celebrating with the announcement and launch of a new EU-U.S. Data Privacy Framework (DPF) to replace the former Privacy Shield, which was invalidated by European courts in 2020. Small and mid-sized companies were significantly impacted by this decision since Privacy Shield was the most affordable and accessible option for companies to comply with the adequacy requirements for transferring data from the EU to the United States.
However, the new Framework provides relief for all global members by clarifying a legal means for transferring data from the EU to the United States. ANA has encouraged the Administration to work expeditiously on the Framework and reestablish a widely accessible and legal means for transferring data from the EU to the United States.
It is critical to strengthen our global trade opportunities to help bolster growth for our members, the economy, jobs, and wages. The total impact of advertising represented 18.5 percent of the U.S. GDP with advertising supporting $7.1 trillion in sales activity in 2020. Advertising also supported 28.5 (or 19.5 percent) of the 145.7 million U.S. jobs in 2020. Every direct advertising job supported another 51 jobs across industries (IHS Markit, The Economic Impact of Advertising on the U.S. Economy Feb. 4, 2022).
New Data Privacy Framework Launched; ANA Continues to Serve as a Dispute Resolution Provider
On July 10, 2023, the European Commission's adequacy decision for the DPF entered into force, allowing organizations to legally transfer data from the EU to the United States.
As part of the DPF, companies must select an independent third-party dispute resolution provider to mediate unresolved data privacy complaints. The ANA has been a dispute resolution for Privacy Shield and continues to serve as an approved dispute resolution provider under the new DPF. If you transfer data from the EU, UK, or Switzerland to the United States, this program is the right fit for you. ANA members can utilize the service at no additional cost. (A nominal fee is charged for Silver MSPs.)
Important Information and Links:
Current Privacy Shield participants have until October 10th to update privacy notices to be compliant with the DPF. Privacy Shield references need to be replaced with the appropriate DPF references and links. The DPF addressed issues related to government access to data – the core principles and obligations remain the same.
Visit the U.S. Department of Commerce to review additional compliance information and FAQs and to self-certify:
- Data Privacy Framework
- Privacy Notices FAQs [See Q5 for sample language on how to list your adherence to the DPF.]
- General FAQs and Additional FAQs
Visit the ANA to learn more and select the ANA as your DPF dispute resolution provider:
- ANA DPF Dispute Resolution
- Consumer Information and Complaint forms
- For questions or to sign up with the ANA DPF Dispute Resolution: contact us at dpf@ana.net or contact Lisa Brown Shosteck at lshosteck@ana.net or Senny Boone at sboone@ana.net.
Upcoming Webinar:
- Go-to-Compliance for New Cross-Border Data Transfer Program!
August 16th Webinar at 1 pm ET
To Register
Join us, as we walk you through the new DPF program and how the ANA can help. We'll provide you with key tips and advice on how to comply -- whether you're transitioning from Privacy Shield to DPF or newly interested in joining the DPF program.
If you have questions or want to get more involved in marketing and ethics, join our new Center for Ethical Marketing LinkedIn Group here or contact ethics@ana.net.
We look forward to collaborating with you in our shared efforts to ensure good business practices, consumer protection in the marketplace, and consumer trust by providing accountability.
Source
"New Data Privacy Framework Launched for Global Marketers and Data Providers." Lisa Brown Shosteck, ANA Center for Ethical Marketing, 8/3/23.