[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37202-37204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12192]


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DEPARTMENT OF COMMERCE

International Trade Administration


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Applications for Inclusion on the Lists of Arbitrators Under 
the Data Privacy Framework Program

    The Department of Commerce will submit the following information 
collection request to the Office of Management and Budget (OMB) for 
review and clearance in accordance with the Paperwork Reduction Act of 
1995, on or after the date of publication of this notice. We invite the 
general public and other Federal agencies to comment on proposed, and 
continuing information collections, which helps us assess the impact of 
our information

[[Page 37203]]

collection requirements and minimize the public's reporting burden. 
Public comments were previously requested via the Federal Register on 
March 30, 2023 during a 60-day comment period. This notice allows for 
an additional 30 days for public comments.
    Agency: International Trade Administration, Department of Commerce.
    Title: Applications for Inclusion on the Lists of Arbitrators Under 
the Data Privacy Framework Program.
    OMB Control Number: New collection. Not yet assigned.
    Form Number(s): None.
    Type of Request: Regular submission, new information collection.
    Number of Respondents: 36.
    Average Hours per Response: 240 minutes.
    Burden Hours: 144 hours.
    Needs and Uses: The United States, the European Union (EU), the 
United Kingdom (UK), and Switzerland share a commitment to enhancing 
privacy protection, the rule of law, and a recognition of the 
importance of transatlantic data flows to our respective citizens, 
economies, and societies, but take different approaches to doing so. 
Given those differences, the Department of Commerce (DOC) developed the 
EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the 
EU-U.S. Data Privacy Framework (UK Extension to the EU-U.S. DPF), and 
the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) in consultation 
with the European Commission, the UK Government, the Swiss Federal 
Administration, industry, and other stakeholders. These arrangements 
were respectively developed to provide U.S. organizations reliable 
mechanisms for personal data transfers to the United States from the 
European Union, the United Kingdom (and, as applicable, Gibraltar), and 
Switzerland while ensuring data protection that is consistent with EU, 
UK, and Swiss law.
    The DOC is issuing the EU-U.S. DPF Principles and the Swiss-U.S. 
DPF Principles, including the respective sets of Supplemental 
Principles (collectively the Principles) and Annex I of the Principles, 
as well as the UK Extension to the EU-U.S. DPF under its statutory 
authority to foster, promote, and develop international commerce (15 
U.S.C. 1512). The International Trade Administration (ITA) will 
administer and supervise the Data Privacy Framework program, including 
maintaining and making publicly available the Data Privacy Framework 
List, an authoritative list of U.S. organizations that have self-
certified to the DOC and declared their commitment to adhere to the 
Principles pursuant to the EU-U.S. DPF and, as applicable, the UK 
Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF. While the 
decision by an organization to self-certify its compliance pursuant to 
the EU-U.S. DPF and, as applicable the UK Extension to the EU-U.S. DPF, 
and/or the Swiss-U.S. DPF and by extension participate in the Data 
Privacy Framework program is voluntary; effective compliance is 
compulsory: organizations that self-certify to the DOC and publicly 
declare their commitment to adhere to the Principles must comply fully 
with the Principles. Such commitments to comply with the Principles are 
legally enforceable under U.S. law. On the basis of the Principles, 
Executive Order 14086, 28 CFR part 201, and accompanying letters and 
materials, including ITA's commitments regarding the administration and 
supervision of the Data Privacy Framework program, it is the DOC's 
expectation that the European Commission, the UK Government, and the 
Swiss Federal Administration will respectively recognize the adequacy 
of the protection provided by the EU-U.S. DPF, the UK Extension to the 
EU-U.S. DPF, and the Swiss-U.S. DPF thereby enabling personal data 
transfers from each respective jurisdiction to U.S. organizations 
participating in the relevant part of the Data Privacy Framework 
program. It is the DOC's present expectation that the effective date of 
the EU-U.S. DPF Principles would coincide with the entry into force of 
the European Commission's anticipated recognition of adequacy, whereas 
the respective effective dates of the UK Extension to the EU-U.S. DPF 
and the Swiss-U.S. DPF Principles would occur before the entry into 
force of the anticipated, respective recognitions of adequacy (i.e., to 
enable U.S. organizations from the earliest possible date to self-
certify their compliance with multiple parts of the Data Privacy 
Framework program). Personal data cannot be received in reliance on the 
EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. 
DPF until they have respectively received such recognition (i.e., until 
such formal recognition enters into force).
    As respectively described in Annex I of the EU-U.S. DPF Principles, 
the UK Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF 
Principles the DOC commits separately with the European Commission, the 
UK Government, and the Swiss Federal Administration to implement an 
arbitration mechanism to provide EU, UK, and Swiss individuals with the 
ability under certain circumstances to invoke binding arbitration to 
determine, for residual claims, whether an organization has violated 
its obligations under the Principles as to those individuals. 
Organizations that self-certify their compliance pursuant to the EU-
U.S. DPF, including those that also elect to participate in the UK 
Extension to the EU-U.S. DPF are obligated to arbitrate claims and 
follow the terms as set forth in Annex I of the EU-U.S. DPF Principles, 
provided that an EU or UK (as applicable) individual has invoked 
binding arbitration by delivering notice to the organization at issue 
and following the procedures and subject to the conditions set forth in 
Annex I of the EU-U.S. DPF Principles. Organizations that self-certify 
their compliance pursuant to the Swiss-U.S. DPF are obligated to 
arbitrate claims and follow the terms as set forth in Annex I of the 
Swiss-U.S. DPF Principles, provided that a Swiss individual has invoked 
binding arbitration by delivering notice to the organization at issue 
and following the procedures and subject to the conditions set forth in 
Annex I of the Swiss-U.S. DPF Principles. An individual's decision to 
invoke this binding arbitration option is entirely voluntary. Arbitral 
decisions will be binding on all parties to the arbitration. Under this 
binding arbitration option, a panel (consisting of one or three 
arbitrators, as agreed by the parties) has the authority to impose 
individual-specific, non-monetary equitable relief (such as access, 
correction, deletion, or return of the individual's data in question) 
necessary to remedy the violation of the Principles only with respect 
to the individual. No damages, costs, fees, or other remedies are 
available. The parties will select the arbitrators from the list(s) of 
arbitrators described below.
    Pursuant to the EU-U.S. DPF and the UK Extension to the EU-U.S. 
DPF, the DOC and the European Commission will develop and seek to 
maintain a list of at least 10 arbitrators. The parties, including the 
EU or UK individual who has invoked binding arbitration, will select 
arbitrators for the arbitration panel from that list of arbitrators 
developed under the EU-U.S. DPF (EU-U.S. DPF List of Arbitrators). To 
be eligible for inclusion on the EU-U.S. DPF List of Arbitrators, 
applicants must be admitted to practice law in the United States and be 
experts in U.S. privacy law, with expertise in EU data protection law; 
and shall not be subject to any instructions from, or be affiliated 
with, either party, or any participating

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organization, or the United States, European Union, or any EU Member 
State or any other governmental authority, public authority, or 
enforcement authority. Arbitrators will remain on the EU-U.S. DPF List 
of Arbitrators for a period of 3 years, absent exceptional 
circumstances or removal for cause, renewable by the DOC, with prior 
notification to the European Commission for additional 3-year terms.
    Pursuant to the Swiss-U.S. DPF the DOC and the Swiss Federal 
Administration will develop and seek to maintain a list of up to five 
arbitrators to supplement the list of arbitrators developed under the 
EU-U.S. DPF. The parties, including the Swiss individual who has 
invoked binding arbitration, will select arbitrators for the 
arbitration panel from the list of arbitrators developed under the EU-
U.S. DPF, as supplemented by the list of arbitrators developed under 
the Swiss-U.S. DPF (Swiss-U.S. DPF Supplemental List of Arbitrators). 
To be eligible for inclusion on the Swiss-U.S. DPF Supplemental List of 
Arbitrators, applicants must be admitted to practice law in the United 
States and be experts in U.S. privacy law, with expertise in European 
or Swiss data protection law; and shall not be subject to any 
instructions from, or be affiliated with, either party, or any 
participating organization, or the United States, Switzerland, European 
Union, or any EU Member State or any other governmental authority, 
public authority, or enforcement authority. Arbitrators will remain on 
the Swiss-U.S. DPF Supplemental List of Arbitrators for a period of 3 
years, absent exceptional circumstances or removal for cause, renewable 
by the DOC, with prior notification to the Swiss Federal Administration 
for additional 3-year terms.
    Individuals interested in being considered for inclusion on the EU-
U.S. DPF List of Arbitrators or the Swiss-U.S. DPF Supplemental List of 
Arbitrators would submit their applications to the DOC online via email 
at [email protected].
    The DOC has agreed with the European Commission to the adoption of 
arbitration rules that govern arbitration proceedings and a code of 
conduct for arbitrators under the EU-U.S. DPF (and similarly agreed 
with the UK Government as relates to arbitration proceedings under the 
UK Extension to the EU-U.S. DPF), and the Swiss Federal Administration 
to the adoption of arbitration rules that govern arbitration 
proceedings and a code of conduct for arbitrators under the Swiss-U.S. 
DPF. In the event that the rules governing the proceedings and/or the 
code of conduct for arbitrators need to be changed, the DOC and the 
European Commission and the Swiss Federal Administration will agree to 
amend those rules or adopt a different set of existing, well-
established U.S. arbitral procedures, and/or amend the code of conduct 
for arbitrators (as applicable).
    The DOC has selected the International Centre for Dispute 
Resolution (ICDR), the international division of the American 
Arbitration Association (AAA) (collectively ICDR-AAA) to administer 
arbitrations pursuant to and manage the arbitral fund identified in 
Annex I of the EU-U.S. DPF Principles, including as relates to the UK 
Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF 
Principles. Among other things, the ICDR-AAA facilitates arbitrator fee 
arrangements, including the collection and timely payment of arbitrator 
fees and other expenses.
    Affected Public: Private individuals.
    Frequency: Recurrent, depending on the number of arbitrators 
required to maintain active lists of arbitrators under the Data Privacy 
Framework Program.
    Respondent's Obligation: Required to obtain or retain benefits.
    Legal Authority: The DOC's statutory authority to foster, promote, 
and develop the foreign and domestic commerce of the United States (15 
U.S.C. 1512).
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view the Department of 
Commerce collections currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be submitted within 30 days of the publication of 
this notice on the following website www.reginfo.gov/public/do/PRAMain. 
Find this particular information collection by selecting ``Currently 
under 30-day Review--Open for Public Comments'' or by using the search 
function and entering the title of the collection.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary for 
Economic Affairs, Commerce Department.
[FR Doc. 2023-12192 Filed 6-6-23; 8:45 am]
BILLING CODE 3510-DS-P