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Sunday, August 30, 2015

FTC Takes Another Swing at Safe Harbor Enforcement

In mid-August the Federal Trade Commission announced enforcement actions against 13 companies that falsely claimed to be certified as Safe Harbor participants.  All were minor and little-known firms, with six companies claiming Safe Harbor membership without ever applying for it, and another seven failing to keep their certifications up-to-date through annual re-certification. No fines were imposed and the consequences for the companies were fundamentally a slap on the wrist.  At a time when the very existence of the Safe Harbor framework is under maximum duress in Europe, and the US is laboring to persuade the European Commission of its commitment to the program, the enforcement actions seem destined to underwhelm.

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