20.9.2023
EN
Official Journal of the European Union
L 231/207
ANNEX IV
UNITED STATES OF AMERICA Federal Trade Commission WASHINGTON, D.C. 20580
Office of the Chair
June 9, 2023
Didier Reynders Commissioner for Justice European Commission Rue de la Loi / Wetstraat 200 1049 Brussels Belgium
Dear Commissioner Reynders:
The United States Federal Trade Commission (“FTC”) appreciates the opportunity to address its enforcement role in connection with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) Principles.
The FTC has long committed to protecting consumers and privacy across borders, and we are committed to enforcement of the commercial sector aspects of this framework.
The FTC has performed such a role since the year 2000, in connection with the U.S.-EU Safe Harbor Framework, and most recently since 2016, in connection with the EU-U.S. Privacy Shield Framework.
(1) On July 16, 2020, the Court of Justice of the European Union (“CJEU”) invalidated the European Commission’s adequacy decision underlying the EU-U.S. Privacy Shield Framework, on the basis of issues other than the commercial principles that the FTC enforced.
The U.S. and the European Commission have since negotiated the EU-U.S. Data Privacy Framework to address that CJEU ruling.
I write to confirm the FTC’s commitment to vigorous enforcement of the EU-U.S. DPF Principles.
Notably, we affirm our commitment in three key areas: (1) referral prioritization and investigations; (2) seeking and monitoring orders; and (3) enforcement cooperation with EU data protection authorities (“DPAs”).
I.
Introduction
a.
FTC Privacy Enforcement and Policy Work The FTC has broad civil enforcement authority to promote consumer protection and competition in the commercial sphere.
As part of its consumer protection mandate, the FTC enforces a wide range of laws to protect the privacy and security of consumers and their data.
The primary law enforced by the FTC, the FTC Act, prohibits “unfair” or “deceptive” (1) Letter from Chairwoman Edith Ramirez to Věra Jourová, Commissioner for Justice, Consumers and Gender Equality of the European Commission, Describing Federal Trade Commission Enforcement of the New EU-U.S. Privacy Shield Framework (February 29, 2016), available at https://www.ftc.gov/legal-library/browse/cases-proceedings/public-statements/letter-chairwoman-edith-ramirez-verajourova-commissioner-justice-consumers-gender-equality-european.
The FTC also previously committed to enforce the U.S-EU Safe Harbor Program.
Letter from Robert Pitofsky, FTC Chairman, to John Mogg, Director DG Internal Market, European Commission (July 14, 2000), available at https://www.federalregister.gov/documents/2000/07/24/00-18489/issuance-of-safe-harbor-principles-andtransmission-to-european-commission.
This letter replaces those earlier commitments.