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 to the FTC no later than 30 days prior to any changes affecting Fantage’s ability to comply with the terms of the settlement. The order terminates in 20 years. ALL OF THESE CONCERNS WITH THE SAFE HARBOR CULMINATED IN THE INVALIDATION OF THE SAFE HARBOR FRAMEWORK BY THE EUROPEAN COURT OF JUSTICE IN OCTOBER 2015. SIMILAR CONCERNS WERE RAISED WITH THE SHORT LIVED PRIVACY SHIELD THAT WAS ALSO INVALIDATED IN 2020. BUSINESSES CAN NOW CONSIDER THE DATA PRIVACY FRAMEWORK DISCUSSED BELOW
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