In addition to other requirements, all organizations participating in the EU-U.S. Privacy Shield program must contribute to the Arbitral Fund as set forth in Annex I of the EU-U.S. Privacy Shield Framework. The Privacy Shield Annex I Arbitration Mechanism allows EU individuals to submit certain residual claims to arbitration to determine whether a Privacy Shield organization violated its obligations under the Principles as to that EU individual, and whether any such violation remains fully or partially unremedied. The Annex I Arbitration Mechanism and required contribution to the Arbitral Fund are separate from an organization’s obligation to provide an Independent Recourse Mechanism (IRM). The required contribution to the Arbitral Fund applies to all organizations regardless of whether they have selected data protection authorities (DPAs) or a private-sector third party to serve as the IRM.
Privacy Shield organizations, as specified in the Privacy Shield Principles and Annex I, are required to pay a contribution, based in part on the size of the organization, which will cover the arbitral cost, including arbitrator fees, up to maximum amounts (“caps”), into the Arbitral Fund for the Annex I Binding Arbitration Mechanism. The Arbitral Fund is managed by the ICDR. The following fee schedule, approved by the U.S. Department of Commerce, provides the required Arbitral Fund contribution amounts based on each Privacy Shield organization’s annual revenue:
Note that 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 European Commission will review the operation of the fund during the annual review of the Privacy Shield. If the Arbitral Fund balance needs to be replenished in the future, additional contributions may be required from participating Privacy Shield organizations. The ICDR-AAA will provide information on your contribution to the Department of Commerce/International Trade Administration.
Organizations: if you are looking for the Independent Recourse Mechanism (IRM) services page, click HERE.
Commerce/ITA Privacy Shield Website
ICDR Annex I Services
Privacy Shield Annex I Binding Arbitration Rules
Privacy Shield Annex I Code of Conduct
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 EU-U.S. Privacy Shield program. The global leader in conflict management since 1926, the AAA is a not-for-profit, public service organization committed to the resolution of disputes through the use of arbitration, mediation, conciliation, negotiation and other conflict management procedures.
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.