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pdfThis information collection is authorized by OMB control number 0625‐0276 [expiration date: 5/31/2023]. Public reporting for this collection is
estimated to be 30 minutes per response, including the time to review the instructions, complete, and submit the collection of information, but
not including time to review and implement the requirements of the program. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the Reports Clearance Officer, International Trade
Administration, Department of Commerce, Room 4001, 14th and Constitution Avenue, N.W., Washington, D.C. 20230. Respondents should be
aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of
information if it does not display a currently valid OMB control number.
You are receiving this questionnaire because your organization has failed to complete its annual
recertification to the Department of Commerce regarding participation in the EU‐U.S. and/or Swiss‐U.S.
Privacy Shield Framework(s) (as may be relevant to your organization). As a result, the Department will
remove your organization from the Privacy Shield List, and your organization may no longer benefit from
the European Commission’s or Swiss Government’s adequacy decision to receive personal information
from the EU or from Switzerland.
Your organization must remove from any relevant privacy policy any references to Privacy Shield that
imply that the organization continues to actively participate in Privacy Shield and is entitled to its
benefits.
Your organization must verify whether it will return, delete, or continue to apply the Privacy Shield
Principles to the personal information that it received in reliance upon Privacy Shield, and if personal
information will be retained, verify who within the organization will serve as an ongoing point of contact
for Privacy Shield‐related questions.
Failure to respond to this request within 30 days may be subject to enforcement action by the Federal
Trade Commission, the Department of Transportation, or other enforcement authorities.
Failure to Recertify Questionnaire
1) Please confirm that: (i) you are authorized to make representations on behalf of the
organization and its covered entities regarding its adherence to the Privacy Shield Principles; (ii)
the information submitted to the Department of Commerce for purposes of self‐certification is
accurate and correct; (iii) you understand that misrepresentations in any information provided
to the Department may be actionable under the False Statements Act, 18 U.S.C. § 1001; and (iv)
you understand that failure to adhere to the Privacy Shield Principles with regard to such
personal data may lead to enforcement actions by the relevant enforcement authority.
2) Please provide the following information concerning the organization that self‐certified its
adherence to the Privacy Shield Principles:
a. Organization Name;
b. Organization Contact (the individual or office within the organization handling
complaints, access requests, and any other issues concerning the organization’s
compliance with the Privacy Shield Framework(s));
i. Name;
ii. Title;
iii. Phone number; and
iv. E‐mail address
c. Organization Corporate Officer (the individual certifying the organization’s compliance
with the Privacy Shield Framework(s));
i.
Name;
ii.
Title;
iii.
Phone number; and
iv.
E‐mail address
d. Mailing Address
3) Please verify whether the organization wishes to withdraw from Privacy Shield:
a. Yes; or
b. No.
If the organization wishes to withdraw from Privacy Shield:
4) With respect to personal data received in reliance upon Privacy Shield, please verify that the
organization will:
a. Retain such data, continue to apply the Privacy Shield Principles to such data, and affirm
to the Department of Commerce on an annual basis its commitment to apply the
Principles to such data;
b. Retain such data and provide “adequate” protection for such data by another
authorized means; or
c. Return or delete such data. If so, specify the date by which all such data was returned
or deleted; or
If the organization intends to recertify its compliance with Privacy Shield:
5) Please verify that, during the lapse of the organization’s certification status, the organization
applied the Principles to personal data received under Privacy Shield.
6) Please clarify what steps the organization will take to address the outstanding issues that have
delayed its recertification: (select all that apply)
a. Submit recertification application;
b. Make appropriate revisions to privacy policy statements;
c. Make privacy policy statements available for review;
d. Clarify selection of or put in place an appropriate independent recourse mechanism;
e. Submit payment for the relevant Privacy Shield fees;
f.
Other step(s) (please describe).
File Type | application/pdf |
File Title | Microsoft Word - PS questionnaire_Failure to Recertify_04-2017 |
Author | David Ritchie |
File Modified | 2020-11-20 |
File Created | 2017-04-17 |