EU-US Data Privacy Framework (DPF) – A Complete Guide
Curious about the EU-US Data Privacy Framework?
This framework entails significant and new international obligations concerning the transfer of data, which sets the foundation for secure and compliant data sharing between the European Union (EU) and the United States.
Therefore, as we see even more dependency on data-driven methods, comprehension and execution of this framework will be fundamental for compliance and proficient business operations throughout 2025 and beyond.
This guide intends to provide a solid understanding of the DPF, the implications for business, and how to implement the Interactive Advertising Bureau Transparency and Consent Framework within WordPress.
What is the EU-US Data Privacy Framework (DPF)?
The purpose of the EU-US Data Privacy Framework (DPF) is to facilitate the transfer of personal data from individuals in the EU and EEA to participating organizations in the US.
On July 10, 2023, the EU ratified the Data Privacy Framework (DPF). Due to worries about insufficient data protection for EU citizens, the European Court of Justice ruled that the previous Privacy Shield framework was invalid.
The DPF works to make sure that US businesses that handle personal data from the EU follow the stringent EU data protection regulations, such as the General Data Protection Regulation (GDPR).
It gives American companies the opportunity to demonstrate their commitment to upholding privacy standards that are in line with EU regulations.
Why the EU-US DPF Matters for Businesses?
The EU-US Data Privacy Framework is incredibly important to companies on the Atlantic side. It sets the framework for the legal transfer of personal data from the European Union to the United States.
Here are five reasons why the DPF is highly beneficial for businesses:
- GDPR Compliance: If a company can show it is compliant with GDPR, it can establish that it followed the principles of GDPR. This in itself reduces the risk of fines and potential lawsuits.
- Trust in Transatlantic Data Transfer: The DPF assures that companies are following the improved level of privacy protections and establishes trust for transatlantic business activities.
- Facilitation of International Trade: The Data Privacy Framework strengthens the company’s ability to share data, creates a company environment that works seamlessly, and establishes better working relationships with its EU partners.
- U.S. Company Self-Certification: The new Data Privacy Framework establishes a simple self-certification process by which U.S. companies may be able to demonstrate compliance with the EU data protection standards.
Increased Customer Confidence: Being a member of the DPF tells the public that a company cares about personal information protection; therefore, enhancing customer trust and loyalty.
Overview of the EU-US Data Privacy Framework
The DPF requires some minimal elements of standards organizations to adopt and use the framework.
It does emphasize transparency, accountability, and user rights in processing personal data.
Through the use of those principles, it will allow for the successful transfer of data from the EU to the U.S. and provide better operational throughput.
1. Data Privacy Principles
The DPF contains several important principles of data privacy that organizations have to follow regarding the processing of personal data. Some of the principles include:
2. Notice
The DPF provides that organizations should be transparent about the data they collect, the categories of personal data collected, and the purposes of collecting and using the data.
3. Choice
The principle allows individuals to opt out of sharing of one person’s data to a third party or the second use of the data collected for a purpose other than what it was originally collected. This principle also requires explicit consent if any types of sensitive data is to be used for a purpose beyond what it was originally meant for or disclosed to a third party.
4. Accountability for onward transfer
The organization is responsible if it transfers personal data to a third party and accountable for its onward transfers, as well as having ongoing compliance obligations based on what was specified in the data privacy framework.
5. Security
Entities that collect, maintain, use, or disclose personal data should adopt reasonable measures to protect the personal information against loss, misuse, and unauthorized access, use, disclosure, alteration, or destruction.
6. Data integrity and limitation of purpose
Organizations must ensure that the personal data they collect is appropriate to fulfill its intended purpose, as well as is accurate, complete, and up to date. You are to limit the collection of personal information to that which is necessary for the processing and can only be retained for as long as required to fulfill the processing purpose.
7. Access
Individuals have the right to amend or change inaccurate information that has been used in contravention of the DPF principles.
8. Recourse, enforcement, and liability
The DPF provides reasonable legal protections, recourse for individuals when their personal information has been misused, and penalties for organizations that do not follow the DPF principles.
Key Features of the EU-US DPF Program
The EU-US Data Privacy Framework (DPF) has several important aspects that strengthen privacy protection and allow the transfer of personal data from the European Union (EU) to the United States.
Some of these features of the EU-US DPF include:
- Purpose Limitation: Personal data must be collected for specified legitimate purposes and not processed for incompatible purposes.
- Data Minimization: Organizations should only collect the personal data necessary to fulfill the specified purpose.
- Data Accuracy: Organizations should take reasonable efforts to ensure the personal data is complete, up-to-date and accurate.
- Storage Limitation: Personal data must be not be retained longer than absolutely necessary to fulfiil the purposes for which it was collected.
- Transparency: Individuals should be aware of how their data will be used, whether third parties are being used, and so on.
- Individual Rights: the model recognizes the rights of individuals to access, correct or delete their own personal data.
- Accountability: Organizations must show that they properly implement the principles and are accountable for any third-party processors they work with.
Rights and Remedies for Individuals
The DPF builds upon the rights of individuals with respect to their data and provides those individuals with some important remedies:
- Access Rights: Individuals have the right to request to view organizations’ data to ensure that they understand what personal information is being processed.
- Correction Rights: Individuals can request a correction to wrong or incomplete personal data.
- Deletion Rights: In certain situations, individuals can request the deletion of their data if they no longer need the personal data for the purposes for which it was collected.
- Complaint Mechanism: DPF establishes a formal mechanism for individuals to complain about possible violations of their right of privacy, thus allowing individuals to seek a remedy for violations of their rights.
These building blocks not only enhance the protection of personal data but also facilitate data transfer across the Atlantic in a more efficient way, ultimately leading to trust between consumers and businesses on both sides of the Atlantic.
Eligibility Criteria for Businesses
There are eligibility criteria for your organization to be eligible for the EU-US Data Privacy Framework (DPF). The eligibility criteria are:
- U.S. Organizations: Eligible organizations should be organizations that are in the United States that process personal data for data subjects that are located in the EU or EEA.
- Self Certification: The eligible organization shall self-certify that it complies with the DPF Principles and is putting in place the documentation required for data processing.
- Subject to U.S. Jurisdiction: The eligible organization is subject to the jurisdiction of the United States of America Jurisdiction. The eligible organization is subject to any law enforced by the Federal Trade Commission (FTC) or any jurisdiction regarding any legal authority.
Steps to Self-Certify Under the Framework
Self-certifying under the EU-US DPF has several important procedures.
- Determining Adequacy Principles: Organizations will need to spend some time evaluating the DPF principles and ensuring that its data processing activities are sufficient under the principles.
- Make Changes: Organizations will need to make various changes in policies, procedures, or technical means to ensure compliance with the DPF.
- Application for Self-Certification: Complete the self-certification application through the process prescribed by the U.S. Department of Commerce.
- Continuing Compliance: Accept that once the organization is self-certified, it is subject to continuing compliance requirements including annual re-certification and continuing satisfaction of the DPF principles.
Obligations for Participating Companies
Companies that are bound by EU-US DPF obligations have obligations.
- Obvious rules: Organizations must adhere to all principles outlined in the DPF regulations, just as all companies must comply with rules applicable to them, enabled by basing decisions on transparency, accountability, and individuals’ rights.
- Affirmative Efforts to not deny user rights: The organization must confirm that individuals really have the ability to pursue their individual rights regarding their personal data, including rights of access, rights to correct, and rights of erasure.
- Complaints Management: The organization must implement a complaints management mechanism, which is an obligation in retrospect to the complaint complaint mechanisms established in DPF obligations and report on complaints related to the handling of personal data, and confirm that complaints are resolved within a reasonable timeframe.
Steps to Ensure Compliance with the EU-US DPF
To comply with the EU-U.S. Data Privacy Framework (DPF) under the WPLP Compliance Platform, you will want to follow these steps:
1. Data Collection Transparency
You need to make sure that when you collect data from users on your website, users are made aware of what data is collected and for what purpose. With the WPLP Compliance Platform, you can:
- Develop a Privacy Policy: You can customize your privacy policy to comply with the data processing practices under the EU-U.S. DPF by explaining how personal data is collected, used, and transferred to U.S. organizations.
- Cookie Consent Banner: You can also utilize the cookie consent feature to request consent from users for using cookies and tracking technologies. This makes users fully aware and provides explicit consent for you to collect and process their data under the EU-U.S. DPF.
2. User Rights Management
You need to make certain that users are aware of their rights under the EU-U.S. DPF If you have users from the EU, they have the following rights:
- Right to Access: Users should be allowed to request access to personal information about themselves.
- Right to Correct or Delete Personal Data: Allow users to correct or delete their personal data as part of your compliance process.
With the WPLP Compliance Platform, you can create a Data Subject Access Request (DSAR) policy for this purpose.
3. User Rights Management
Make sure users have at least a basic notice of their rights under the EU-U.S. DPF, specifically:
- Right to Access: Users should be able to make requests to access their personal data that you hold.
- Right to Correct / Delete Data: Enable users to correct or delete their personal data under your compliance duties.
The WPLP Compliance Platform can assist you in drafting a Data Subject Access Request (DSAR) policy in these circumstances.
4. Data Processing Agreements (DPA)
Make sure any of your third-party service providers that are collecting or processing personal data on behalf of your website comply with the EU-U.S. DPF (including having any necessary Data Processing Agreements in place).
The WPLP Compliance Platform can provide relevant legal templates (e.g., your DPA policy, Third-Party Data Sharing Policy, etc.) that outline the terms and conditions of the relationships with third-party vendors.
Next, we’ll look at installing a plugin from the WPLP Compliance platform to comply with the EU-US DPF framework.
How to Install a CMP Plugin on Your WordPress Site
Establish a connection with the WP Cookie Consent server by signing up for a free account.
After linking your account, you will have complete control over cookie configurations, personalization, geo-targeting, and an advanced dashboard.
Before creating an account, install and enable the WP Cookie Consent plugin via your admin dashboard.
Step 1: Installing WP Cookie Consent Plugin
From your WordPress dashboard, navigate to Plugins > Add New.
Search for WP Cookie Consent in the search bar.
Click on the Install Now button.
After installation, click on Activate to start using the plugin.
Now the WP Cookie Consent plugin is installed and activated!
Step 2: Create an Account with the WP Cookie Consent Plugin
From your admin dashboard, navigate to WP Cookie Consent. This will open up the WP Cookie Consent Dashboard page.
To create a new account, click on New? Create a free account.
A new pop-up will appear, prompting you to create an account. Clicking on this will redirect you to app.Wplegalpages.com.
Sign up by entering your details and click on the Sign-up & Connect button
Click “Connect Site” to link the WP Cookie Consent plugin.
Your account is successfully created.
FAQ
The DPF highlights the importance of transparency through its Notice principle, which mandates that organizations must communicate to users the types of data collected and their intended purpose. It also protects user rights by allowing individuals to:
1. Restrict their data from being shared or utilized beyond its original intent (Choice principle).
2. Correct, alter, or delete any information that is inaccurate or used contrary to the principles (Access principle).
The WPLP Compliance Platform provides tools and features to make your compliance process easier with the EU-U.S. DPF. It enables you to:
1. Create a customized Privacy Policy that complies with DPF standards and explicitly outlines your data collection, usage, and sharing practices.
2. Use a cookie consent banner to gain explicit user permission for cookies and tracking technology usage.
3. Use a Data Subject Access Request (DSAR) policy to manage user rights, ensuring users can view, amend, or erase their data.
4. Created and managed data processing agreements (DPAs) with third-party vendors to ensure their compliance with DPF standards.
5. Maintain audit trails and records of compliance activity, such as user consent records and data processing logs.
1. Go to your WordPress dashboard and navigate to Plugins > Add New.
2. In the search bar, type WP Cookie Consent.
3. Click Install Now next to the plugin.
4. Once installed, click Activate to start using the plugin.
5. After activation, the plugin is ready for configuration!
Conclusion
Including the IAB TCF in WordPress is essential for businesses that want to meet privacy requirements while building user trust.
With knowledge of the basic elements of the framework, using a reliable CMP plugin, and configuring the settings with caution to match IAB TCF guidelines, you can build a transparent and secure experience for your users.
As privacy regulations keep changing, proactive steps are crucial. The EU-US DPF provides a solid framework for cross-border data transfers, and hence, businesses need to conform and implement these standards.
Following the steps in this guide, you can ensure compliance, protect user data, and enhance your reputation in a competitive online environment.
Grab the Cookie Consent Compliance now!