A Legal Guide to PRIVACY AND DATA SECURITY 2025

• Security: Organizations must take reasonable and appropriate measures to protect information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. • Data Integrity and Purpose Limitation: An organization may not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. • Access: Individuals must be allowed the ability to access their information and to correct, amend, or delete inaccurate information. • Recourse, Enforcement, and Liability: Privacy protection must include robust mechanisms for assuring compliance with the Principles, recourse for individuals who are affected by non- compliance, and consequences for the organization when the Principles are not followed. On July 16, 2020, the Court of Justice of the European Union issued a judgment declaring as “invalid” the European Commission’s Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-U.S. Privacy Shield. As a result of that decision, the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States citizens, companies, and governments. As of the publication of this Guide in January 2025, businesses can consider the Data Privacy Framework discussed below. 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

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