Data Privacy Framework Resolution | JAMS Mediation, Arbitration, ADR Services (original) (raw)

The EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. Data Privacy Framework (UK Extension to the EU-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) were respectively developed in furtherance of transatlantic commerce by the U.S. Department of Commerce and the European Commission, the UK Government, and the Swiss Federal Administration to provide U.S. organizations with reliable mechanisms for personal data transfers to the United States from the European Union / European Economic Area, the United Kingdom (and Gibraltar), and Switzerland while ensuring data protection that is consistent with EU, UK, and Swiss law.

The effective date of the EU-U.S. DPF Principles, including the Supplemental Principles and Annex I of the Principles is July 10, 2023, which is the date of entry into force of the European Commission’s adequacy decision for the EU-U.S. DPF. The adequacy decision enables the transfer of EU personal data to participating organizations consistent with EU law.

Effective as of July 17, 2023, eligible organizations in the United States that wish to self-certify their compliance pursuant to the UK Extension to the EU-U.S. DPF may do so; however, personal data cannot be received from the United Kingdom and Gibraltar in reliance on the UK Extension to the EU-U.S. DPF before the date that the adequacy regulations implementing the data bridge for the UK Extension to the EU-U.S. DPF enter into force. The data bridge will enable the transfer of UK and Gibraltar personal data to participating organizations consistent with UK law.

The effective date of the Swiss-U.S. DPF Principles, including the Supplemental Principles and Annex I of the Principles is July 17, 2023; however, personal data cannot be received from Switzerland in reliance on the Swiss-U.S. DPF until the date of entry into force of Switzerland’s recognition of adequacy for the Swiss-U.S. DPF. The recognition of adequacy will enable the transfer of Swiss personal data to participating organizations consistent with Swiss law.

The Data Privacy Framework (DPF) Program, which is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce, enables eligible U.S.-based organizations to self-certify their compliance pursuant to the EU-U.S. DPF and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF. To participate in the DPF Program, a U.S.-based organization is required to self-certify to the ITA via the Department's DPF Program website (www.dataprivacyframework.gov) and publicly commit to comply with the DPF Principles. While the decision by an eligible U.S.-based organization to self-certify its compliance pursuant to and participate in the relevant part(s) of the DPF Program is voluntary, effective compliance upon self-certification is compulsory. Once such an organization self-certifies to the ITA and publicly declares its commitment to adhere to the DPF Principles that commitment is enforceable under U.S. law. All organizations interested in self-certifying their compliance pursuant to the EU-U.S. DPF and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF should review the requirements in their entirety. The Department’s DPF Program website provides useful information regarding the benefits and requirements of participation in the relevant parts of that program.

U.S.-based organizations that self-certify their compliance pursuant to the relevant part(s) of the DPF Program must, amongst other things, provide readily available recourse mechanisms available to investigate unresolved complaints, including a system of alternative dispute resolution (ADR) by an independent third party. The independent recourse mechanisms must be in place prior to self-certification, and must be available at no cost to the individual. Although organizations self-certifying their compliance pursuant to the relevant part(s) of the DPF Program may utilize private sector developed dispute resolution programs for most categories of personal data covered under their self-certifications, those organizations covering human resources data (i.e., personal information about employees, past or present, collected in the context of the employment relationship) transferred from the European Union, the United Kingdom, or Switzerland must agree to cooperate and comply with the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) respectively with regard to such data.

JAMS is available to serve as your organization’s designated ADR provider and to assist in resolving disputes brought under the DPF Principles, up to the point of any final arbitration invoked in accordance with the procedures and conditions set forth in the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles. With a panel of over 400 neutrals around the world, JAMS specializes in resolving disputes of all sizes and levels of complexity and our neutrals have significant experience resolving issues involving privacy.

Mediation Rules

Mediations will be conducted pursuant to JAMS International Mediation Rules unless the parties have specified a different set of Rules or Procedures.

• Download the JAMS International Mediation Rules

Fees

JAMS DOES NOT charge any fees for an organization to name it as an ADR provider. If an organization names JAMS as its ADR provider under the EU-U.S. DPF and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, we request that you notify JAMS by registering here.

When a consumer initiates a mediation or an arbitration against an organization (whether under JAMS Rules or another set of rules) all fees for the mediation, including the JAMS Case Management Fee, must be borne by the Organization. The fee arrangement is common to all DPF Dispute Resolution cases for the European Union / European Economic Area, the United Kingdom (and Gibralter), and Switzerland. For any other matters, standard JAMS policies apply.

Name JAMS as Your Dispute Resolution Provider

If you wish to name JAMS as your Dispute Resolution provider under the EU-U.S. DPF and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, please register using the link below:

• JAMS Data Privacy Framework (DPF) Dispute Resolution Registration

Customer URL

If you do name JAMS as your Dispute Resolution provider under the EU-U.S. DPF and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, the URL that you will need to provide in your customer-facing privacy policy/ies through which your customers could find information on how to open an EU-U.S. DPF and, as applicable, UK Extension to the EU-U.S. DPF, and/or Swiss-U.S. DPF Dispute Resolution case is: https://www.jamsadr.com/DPF-Dispute-Resolution

File a DPF Dispute Resolution Claim

If you are a consumer and wish to open an EU-U.S. DPF and, as applicable, UK Extension to the EU-U.S. DPF, and/or a Swiss-U.S. DPF Dispute Resolution case, please file a claim using the link below:

• File a Data Privacy Framework (DPF) Claim

Additional Resources

Questions/Contact

If you have any additional questions you may contact our DPF coordinator via email_._

• Mara Satterthwaite, msatterthwaite@jamsadr.com

JAMS DPF Dispute Resolution Fee Schedule

PROFESSIONAL FEES

• There is no fee associated with listing JAMS as the ADR provider in a self-certification submission under the DPF Program. Fees apply only if a DPF matter is brought to JAMS.
• Hourly and daily rates vary depending on neutral. Neutrals are independent contractors and set their own Professional Fees.
• In compliance with the EU, UK, and Swiss data protection initiatives, 100% of ADR fees associated with a DPF matter brought by a consumer will be the responsibility of the respondent company; consumers will not be responsible for any portion of these fees.
• For non-consumer matters, hearing fees are divided equally among all parties.
• Professional Fees include time spent for hearings, pre- and post-hearing reading and research, and award preparation.

MEDIATION FEES

• Initial non-refundable fee of $300 per party, applies to first 10 hours of professional time
• Time in excess of initial 10 hours is billed at 13% of Professional Fees
• The Case Management Fee includes access to an exclusive nationwide panel of judges, attorneys, and other ADR experts, dedicated services including all administration through the duration of the case, document handling, and use of JAMS conference facilities including after hours and on-site business support. Weekends and holidays are subject to additional charges.
  Click here for a PDF of this fee schedule

JAMS agreement to render services is with the attorney, the party, and/or other representatives of the party.
www.jamsadr.com • Updated 08/30/2023