Annual Renewal of Safe Harbor Mandatory. Upon submission by the Minnesota business of the self-certification form to the U.S. Department of Commerce, the materials were reviewed for completeness before the business was posted on the list of Safe Harbor or Privacy Shield companies. Self-certification was required annually for continued compliance with the Safe Harbor or Privacy Shield Principles. FTC Enforcement of Safe Harbor. In the wake of revelations by Edward Snowden about the National Security Agency (NSA) and U.S. government surveillance and the perceived lack of enforcement activities regarding the Safe Harbor, European lawmakers and data privacy officials repeatedly questioned the efficacy of the EU-U.S. Safe Harbor agreement. Critics called for suspension or termination of the program. There was also concern as to whether businesses on the list actually adhered to the Safe Harbor principles. The FTC responded to these European concerns and allegations by taking a more proactive and aggressive approach to enforcement. At least 13 American businesses (including several NFL teams) agreed to settle FTC charges that they falsely claimed compliance with the EU-U.S. Safe Harbor program. These actions were brought under Section 5 of the FTC Act. In February 2014, the FTC settled a case In re Fantage.com Inc. (FTC File No. 1423026) involving Fantage.com, the maker of multiplayer online role playing games aimed at children. The company claimed to be certified under the Safe Harbor program but had let its certification lapse and failed to maintain current status as a participant in the Safe Harbor Program. The FTC alleged that statements made on the Fantage website about Safe Harbor participation were therefore false and misleading for the period of time such certification had lapsed. Under the settlement with the FTC, Fantage is prohibited from misrepresenting the extent to which it participates in any privacy or data security program sponsored by the government or any other self-regulatory or standard-setting organization. The settlement agreement also obligates Fantage to report
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