Galexia

The US Safe Harbor - Fact or Fiction? (2008)

5.2. False claims regarding certification

The Safe Harbor is a self-certification scheme, and most organisations reflect this in the text of their privacy policies. However, great care needs to be taken regarding claims that US organisations have been ‘certified by the Department of Commerce’ or even ‘certified by the EU’. There are also some references to the ‘Safe Harbor Act’ that may mislead consumers, as the Safe Harbor is not a legislative regime.

This study identified a large number of organisation making false claims, using the following words (or similar):

Claim

Location

In the case of the USA, the Safe Harbor Act protects EU citizens and allows transfer of personal data so long as the recipient (Company X) is a certified signatory to the Act.

Company privacy policy

Company X Awarded EU Safe Harbor Certification to Become the First Certified U.S.-based Email Provider.

Company blog

Collection and transfer of this data between Company X Worldwide and its regional offices and/or member firms is allowed through explicit consent as a member and through adherence of Company X Worldwide regional offices to the Safe Harbor Act in Europe.

Company privacy policy

Company X announced today that it has been certified by the U.S. Department of Commerce as compliant with the United States-European Union (EU) Safe Harbor Framework.

Company press release

Company X is certified by the Department of Commerce. We have implemented the Safe Harbor principles and comply with all Safe Harbor principles. Visit http://www.export.gov/SafeHarbor and chose Safe Harbor list to review our certification.

Company privacy policy

Company X today announced that it has received Safe Harbor Certification from the U.S. Department of Commerce...’Receiving our Safe Harbor Certification from the Commerce Department will enhance our capabilities to better serve our European clients’.

Company press release

Company X Joins European Privacy Safe Harbor - Under Safe Harbor, US companies are certified by the EU as providing acceptable privacy protection as defined by the European Commission.

Company press release

We have obtained certification of our compliance with the U.S. Department of Commerce's Safe Harbor program for United States businesses – the so-called EU Safe Harbor.

Company privacy policy

Company X Receives Safe Harbor Certification - US Department of Commerce Certifies Company X 's Data Security - Company X has formalized and documented its data privacy procedures and obtained Safe Harbor Certification from the U.S. Department of Commerce.

Company press release

This Policy is registered and certified with the U.S. Department of Commerce Safe Harbor program.

Company privacy policy

Company X joins a distinguished group of global firms that have met the strict European standard for data privacy protection. The U.S. Department of Commerce and the European Safe Harbor Commission have recently awarded Company X its Safe Harbor certification

Company press release