The International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), has been selected by the U.S. Department of Commerce to manage the Privacy Shield Annex I Arbitration Mechanism and Arbitral Fund. This is the website and information for the Annex I Binding Arbitration Mechanism. The ICDR’s primary functions in this regard are to administer arbitrations that may arise under Annex
The Swiss-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and the Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from Switzerland to the United States in support of transatlantic commerce. The full details of the program can be found on the Department of Commerce’s website at https://www.privacyshield.gov/welcome.
The Privacy Shield Framework provides the option for a Swiss individual to invoke binding arbitration to determine whether a Privacy Shield organization has violated its obligations under the Privacy Shield Principles as to that individual and whether any such violation remains fully or partially unremedied ("residual claims"). Organizations voluntarily self-certify to the Privacy Shield Principles and, upon certification, the commitments become legally enforceable under U.S. law. Organizations that self-certify to the Privacy Shield Framework are required to arbitrate claims pursuant to the Recourse, Enforcement and Liability Principle.
As the Arbitral Administrator and Fund Manager, ICDR-AAA will facilitate the collection and administration of contributions from Privacy Shield participants. The required contributions are based on organizations’ annual revenue, using revenue bands that mirror those used to determine Privacy Shield administration fees collected by the Department of Commerce’s International Trade Administration (ITA).
The fee structure for the arbitral fund is available HERE. ICDR-AAA expects these initial fees to provide sufficient revenue for the fund to operate for several years, based on expected case filings and projected administrative and program management expenses. ICDR-AAA shall periodically review any need to adjust the fee structure, and the Department of Commerce and the Swiss Administration will review the operation of the fund during the annual review of the Privacy Shield.
Organizations self-certifying to the EU-U.S. and or Swiss-U.S. Privacy Shield for the first time will be required to pay this fee to ICDR-AAA before ITA will finalize their certification. The ICDR-AAA will provide the Department of Commerce with information on an ongoing basis regarding the status of contributions made by Privacy Shield participants into the arbitral fund.
For Swiss Individuals: Click for Information on Filing An Annex I Arbitration
Privacy Shield Arbitral Fund Contributions
Swiss-U.S. Privacy Shield Annex I Binding Arbitration Rules
Swiss-U.S. Privacy Shield Annex I Code of Conduct
Article: The GDPR and Privacy Shield
Privacy Shield Arbitrators
About the ICDR
The International Centre for Dispute Resolution (ICDR), is the international division of the American Arbitration Association (AAA) and provides Privacy Shield Annex I services pursuant to
The ICDR provides a full range of conflict management services to businesses, government agencies, and other organizations around the world. These services are supported by a network of cooperative agreements with other arbitration institutions and key alliances located around the globe, which enable the ICDR to provide its international arbitration services.