In addition to other requirements, all organizations participating in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) must contribute to the Arbitral Fund as set forth in Annex I of the EU-U.S. DPF Principles, UK Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF Principles. The DPF Annex I Binding Arbitration Mechanism allows EU/EEA, UK (or Gibraltar), and Swiss individuals to submit certain residual claims to arbitration to determine whether a participating organization violated its obligations under the DPF Principles as to that individual, and whether any such violation remains fully or partially unremedied. The DPF Annex I Binding 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 European data protection authorities (DPAs) or a private-sector third party to serve as the IRM.
Participating organizations, as specified in the DPF Principles and Annex I of the DPF Principles, 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 DPF Annex I Binding Arbitration Mechanism. The Arbitral Fund is managed by the ICDR-AAA. The following fee schedule, approved by the U.S. Department of Commerce, provides the required Arbitral Fund contribution amounts based on each 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 work with the U.S. Department of Commerce to periodically review the operation of the fund, including any need to adjust the fee structure, and the Department will notify its EU, UK and Swiss counterparts of the outcome of such reviews and provide them with timely notification of any adjustments to the fee structure. If the Arbitral Fund balance needs to be replenished in the future, additional contributions may be required from participating organizations. The ICDR-AAA will provide information on your contribution to the Department’s International Trade Administration (ITA), which administers the Data Privacy Framework (DPF) Program.
Organizations: if you are looking for the ICDR-AAA DPF IRM Service page page, click HERE.
U.S. Department of Commerce’s Data Privacy Framework (DPF) Program Website
About the ICDR
The International Centre for Dispute Resolution (ICDR), is the international division of the American Arbitration Association (AAA) and provides DPF Annex I Binding Arbitration Mechanism services pursuant to the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. 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.
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