Prior EU-U.S. Safe Harbor In 2000, the EU and the U.S. Department of Commerce reached an agreement on certain Safe Harbor Principles that allowed a Minnesota business to self-certify adherence to the EU privacy principles. The EU-U.S. Safe Harbor agreement—a cooperative agreement between U.S. government agencies and the European Commission—allowed a Minnesota business to store and process data belonging to European citizens if the business demonstrated that they met European data protection principles described in the Safe Harbor. AS NOTED ABOVE THIS SAFE HARBOR WAS INVALIDATED BY THE EUROPEAN COURT OF JUSTICE IN OCTOBER 2015 AND THE SUCCESSOR PRIVACY SHIELD WAS LIKEWISE INVALIDATED IN 2020. BUSINESSES CAN NOW CONSIDER THE DATA PRIVACY FRAMEWORK DISCUSSED BELOW. Self-Certification Under Safe Harbor and Privacy Shield. A Minnesota business that sought protection under the former safe harbor program or Privacy Shield could do so by self-certifying compliance with certain privacy practices and having a privacy policy that embodied the Safe Harbor or Privacy Shield Privacy Principles including Notice, Choice, Transfer to Third Parties, Security, Data Integrity, Access, and Enforcement. The privacy policy had to be made public and specifically state that the business adhered to the Safe Harbor or Privacy Shield Principles. These representations attesting to the Safe Harbor Principles are frequently found in website privacy policies. If so your business should review and update your website privacy policy as necessary. Enforcement. The enforcement principle required the business to have an independent third party to which individuals could turn for the investigation of unresolved complaints. Many businesses selected organizations such as TRUSTe, Council of Better Business Bureaus, the American Arbitration Association, or JAMS, to serve in this role. These organizations and others also offered assistance in the development of Safe Harbor or Privacy Shield compliance programs.
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