JAMS Safe Harbor Program

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The U.S.-EU (European Union) Safe Harbor Framework and U.S.-Swiss Safe Harbor Framework provide a streamlined process for U.S. companies to comply with the European Directive 95/46/EC on the protection of personal data and the Swiss Federal Act on Data Protection (FADP). Both were developed by the U.S. Department of Commerce (DOC) in consultation with the EU and Swiss data protection organizations and enable U.S. corporations to transfer personal data from the EU, the EEA (European Economic Area) and Switzerland to the U.S. provided the U.S. company certifies with the DOC that it adheres to the Safe Harbor privacy principles. Among other requirements, companies must create a readily available and affordable mechanism for dealing with individual complaints, including a system of alternative dispute resolution (ADR) by an independent third party.

JAMS is available to serve as your company’s designated ADR provider and to assist in resolving disputes under either of these Safe Harbor frameworks. With a panel of nearly 300 full-time neutrals around the world, JAMS specializes in resolving disputes of all sizes and complexity and our neutrals have significant experience resolving issues involving privacy.

RULES: Disputes will be heard pursuant to JAMS Comprehensive Rules or International Rules, unless the parties have specified a different set of Rules or Procedures.

FEES: JAMS DOES NOT charge any fees for a company to name it as an ADR provider. If a company names JAMS as its ADR provider under the US or Swiss Safe Harbor frameworks, we request that you notify JAMS by completing this online registration form. If you have any additional questions you may contact our Safe Harbor coordinator via email SafeHarbor@jamsadr.com. When a consumer initiates arbitration or mediation against a company (whether under JAMS International Arbitration Rules or JAMS International Mediation Rules, unless other rules have been specified) all fees for the arbitration or mediation, including JAMS Case Management Fee, must be borne by the Company. The fee arrangement is common to all Safe Harbor cases and is unique to Safe Harbor cases at JAMS. For any other matters, standard JAMS fee structures apply.

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