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Instructions for Self-Certified Organizations
on the Use of the U.S.–EU Safe Harbor Framework Certification Mark
Congratulations on your self-certification to the U.S.-EU Safe Harbor Framework. Your self-certification is valid for one year and is renewable annually on or before your anniversary of enrolling in the Framework. In order to continue to take advantage of the benefits that self-certification affords, you must maintain your official filing and inform the Department of any changes in the scope of your organization’s activities within the European Union. The Department provides its “Safe Harbor” certification mark (referred to hereafter as “mark”) to those organizations that maintain their “current” status by self-certifying their practices in an official, annual filing with the Department. This mark must be used in accordance with the following instructions.
Safe Harbor Certification Mark Instructions
1. The mark is a visual manifestation of the commitment your organization makes when it self-certifies that it will comply with the U.S.-EU Safe Harbor Framework.
2. Your organization may announce its self-certification in a press release and include the mark as evidence that it has met the self-certification requirements established by the Department for the U.S.-EU Safe Harbor Framework.
3. Your organization may use the mark for one year from the initial self-certification date. Authorization to use the mark is renewable each year subject to the organization’s reaffirmation to comply with the Safe Harbor Framework.
4. The mark may not be used for marketing or advertisements, and/or to imply any endorsement, authorization, or affiliation that does not exist with respect to the U.S. Department of Commerce or the United States Government.
5. The mark may not be used in a manner that embarrasses the Department or the United States Government.
6. The mark may be placed on the organization’s website on its home page or on the page where the privacy policy is found.
7. In each instance in which you post the mark on your organization’s website, you must:
a. Immediately above the top edge of the mark, display the following language, in a clear and conspicuous manner not to exceed the width of the mark in a minimum 8 point font, “We self-certify compliance with”. With the words “We self-certify compliance with”, provide a link to:
https://safeharbor.export.gov/list.aspx.
b. With the mark, provide a link to: www.export.gov/safeharbor
8. The mark must be removed from the organization’s website under the appropriate circumstances including, but not limited to: a. the organization withdraws from participation or is removed as a participant in the U.S.-EU Safe Harbor Framework; b. the organization fails to comply with a final ruling of a private sector dispute resolution body, a self-regulatory body, or government body, as applicable, in connection with allegations of Safe Harbor non-compliance; c. the organization fails to renew its commitment to the Framework in a reasonable time and in accordance with the reaffirmation requirements; d. the organization is acquired by another entity that either is not in the Framework or chooses to opt-out of the program; or e. the organization ceases commercial operations.
9. Failure to comply with these instructions may result in enforcement of the certification mark through an action for infringement of the mark, and/or a referral to the Federal Trade Commission for investigation of an unfair or deceptive trade practice under section 5 of the Federal Trade Commission Act.
