File A Safe Harbor Claim with JAMS
If (1) your personal data was collected in a European Union (EU) / European Economic Area (EEA) member country and/or Switzerland, and (2) you believe you have a claim concerning the collection, use, and retention of your personal data by a company in the United States that has chosen JAMS to be its Alternative Dispute Resolution (ADR) provider for disputes under the U.S.-EU Safe Harbor Framework and U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce, then you may contact JAMS to begin the process of opening a Safe Harbor case. Your case must address an alleged breach of one or more of the Safe Harbor Privacy Principles (available in full on the U.S. Department of Commerce’s Safe Harbor website: http://export.gov/safeharbor/
Summary of Safe Harbor Privacy Principles:
Before submitting a claim, please ensure your case meets all of the requirements explained below. If JAMS determines you do not meet these requirements, your case will not be accepted.
- Notice - Individuals must be informed that their data is being collected and about how it will be used.
- Choice - Individuals must have the option to opt out of the collection and onward transfer of the data to third parties.
- Onward Transfer - Transfers of data to third parties may only occur to other entities that follow adequate data protection principles.
- Security - Reasonable efforts must be made to prevent the loss or unauthorized access, disclosure, alteration or destruction of collected information.
- Data Integrity - Data must be relevant and reliable for the purpose(s) for which it was collected.
- Access - Individuals must be able to access information held about them, and correct or delete it if it is inaccurate.
- Enforcement - There must be effective means of assuring compliance with the Safe Harbor Privacy Principles, including recourse for the individuals affected by non-compliance.
- You must be eligible to file.
a. You are the subject of personal data collected in the European Union / European Economic Area, and/or Switzerland; or
b. You are the parent or legal guardian of that data subject in the case of personal data collected from a child under the age of 13.
Please note, if JAMS cannot verify your identity, JAMS may choose not to open a case.
- To be accepted your complaint must:
a. Be filed by an eligible Complainant (either the subject of the alleged data protection breach, or the parent/legal guardian of a child under the age of 13 who is of the subject of the alleged data protection breach).
b. Be made against an entity in the United States that (1) has self-certified its compliance with the U.S.-EU Safe Harbor Framework and/or U.S.-Swiss Safe Harbor Framework to the U.S. Department of Commerce, and (2) has designated JAMS as its ADR provider for disputes under the Safe Harbor Framework(s).
c. Allege that the Respondent failed to comply with the Safe Harbor Privacy Principles in relation to the Complainant’s covered personal data.
d. Include credible documentation to support the Complainant’s allegations.
e. Provide evidence that you have completed a good faith effort to resolve the Complaint in accordance with the Safe Harbor Framework(s).
f. Have not been previously resolved by negotiation, court action, arbitration, or any other form of dispute settlement; and
g. Unless agreed by both Parties to the case, not be the subject of current litigation or any other adjudicatory process (including claims submitted for resolution through binding arbitration).
- Information submitted with your claim:
Information submitted by a Complainant must be sufficiently complete to permit both JAMS and the Respondent to evaluate and understand the Complaint adequately, and to enable the Respondent to respond to the Complaint.
JAMS has sole authority to determine whether the information submitted is sufficiently complete to open a case.
As with all Safe Harbor cases, the Claimant does not have to pay to bring an ADR case. All ADR costs will be paid by the Respondent organization. Standard JAMS rates apply to all Safe Harbor cases. Rates vary by location and neutral agreed upon by the Claimant and the Respondent. (Please note this fee arrangement is unique to Safe Harbor cases.)
All Safe Harbor cases that are accepted will be conducted using the JAMS Streamlined Arbitration Rules
or JAMS International Mediation Rules
If your complaint meets all of the requirements and you are ready to open a request to submit a claim please click here.