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FTC Signs MOU with Dutch DPA
Practical Law Legal Update 0-603-9746 (Approx. 3 pages)
FTC Signs MOU with Dutch DPA
by Practical Law Intellectual Property & Technology
| Published on 10 Mar 2015 • USA (National/Federal) |
The FTC has signed a memorandum of understanding (MOU) with the Dutch Data Protection Authority (DPA) to facilitate cross-border privacy information sharing and enforcement.
On March 9, 2015, the Federal Trade Commission (FTC) issued a press release announcing a Memorandum of Understanding (MOU) with the Dutch Data Protection Authority (DPA) (the "College bescherming persoonsgegevens" or "CBP") to facilitate cross-border information sharing and privacy enforcement. The MOU is similar to the FTC's agreements with the data protection authorities of the UK and Ireland.
The MOU recognizes the need for increased cross-border enforcement cooperation, citing to multiple international principles, and notes that the agencies have previously cooperated in the context of several international privacy enforcement networks, including the Global Privacy Enforcement Network. While the MOU does not create any legally binding obligations, it sets out the agencies' intent with regard to mutual assistance and the exchange of information for the purpose of investigating, enforcing and securing privacy compliance.
The MOU applies to "covered privacy violations," which are practices that violate enumerated privacy laws. In addition to certain US federal laws that the FTC enforces, such as the FTC Act, the MOU covers violations of any of the following:
- The Dutch Data Protection Act.
- Any Dutch laws implementing the EU Data Protection Directive (Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data).
- The Dutch Telecommunications Act.
Among other things, the MOU provides that the agencies will:
- Share information relevant to investigations or enforcement proceedings regarding violations of the other participant's covered laws.
- Provide investigative assistance in appropriate cases, including obtaining evidence on behalf of the other participant.
- Exchange and provide other relevant information regarding matters within the MOU's scope.
- Coordinate enforcement of cross-border covered privacy violations that are priority issues for both participants.