Privacy Shield & Safe Harbor
In 2016, Blackbaud was among the first wave of organisations to certify to the U.S. Department of Commerce that it adheres to the new EU-U.S. Privacy Shield principles. This was updated in the autumn of 2017 to demonstrate additional compliance with the Swiss-U.S. Privacy Shield Framework.
The European Commission adopted the EU-U.S. and Swiss-U.S. Privacy Shield as a replacement for the Safe Harbor mechanism. EU and Swiss laws prohibits the transfer of data belonging to their residents to other countries whose laws may not protect personal information as stringently as in the EU and Switzerland, respectively. The Privacy Shield bridges the gap between U.S. privacy laws and the EU and Switzerland's, and permits the unfettered flow of data from those countries to companies in the U.S. that certify their compliance with the Privacy Shield.
The Privacy Shield allows U.S. companies certifying that their data practices meet the framework’s principles to receive the personal information of EU and Swiss residents. These new principles encompass the European and Swiss belief that the protection of one’s own personal data is a fundamental right. The Privacy Shield framework allows Blackbaud to receive data from European and Swiss customers and donors, and brings guidance and clarity to how all companies in the United States can ensure an adequate level of protection for EU and Swiss residents’ personal information.
This new framework raised the bar for all U.S. companies in their treatment of personal data from the EU and Switzerland, including requiring such companies to better safeguard data, provide clear notices, limit their collection and use of data, and give EU and Swiss data subjects certain rights to access and correct their data. The Privacy Shield also provides for stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission (FTC), including increased cooperation with the European and Swiss Data Protection Authorities.
Officials agree it will bolster the level of trust with Europeans and the Swiss that government and business are working together to safeguard personal data transfers vital to transatlantic commerce.