TRUSTe E'U' Safe Harbor Seal Program Compliance and Enforcement Overview

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TRUSTe E.U. Safe Harbor Seal ProgramCompliance
and Enforcement Overview

• Fran Maier
• Executive Director and President, TRUSTe
• October 23, 2006

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About TRUSTe

• Independent, non-profit
• Headquartered in San Francisco
• Mission
• TRUSTe enables individuals and organizations to
  establish trusting relationships based on respect
  for personal identity and information in the
  evolving networked world
• Widely accepted privacy best practices and
  standards
• Elevate responsible players
• Help consumers identify who they can trust
• Supplement legislation and regulation
• Celebrating 10 year anniversary in 2007

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Displaying the Seals

• 2,300 Websites
• 1,500 companies
• 13 of Top 20 most visited websites
• 1 Million click-to-verify page views monthly
• Web Privacy Seal Program
• Anti-spam and email programs
• New Trusted Download Program distinguishes
  software from spyware

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TRUSTe E.U. Safe Harbor Seal Program

• Launched in 2000
• 106 licensees with 233 websites
• 14 new Sealholders in 2006
• Millions of consumers
• Notable EU Sealholders

• Adobe Systems
• Apple Computer
• Audible
• Carlson Companies
• Harris Interactive
• IBM
• Logitech

• McAfee, Inc
• Microsoft
• Monster
• Oracle
• Sybase
• Verisign

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TRUSTe International Services Program

• Foreign language privacy statement translation is
  certified by TRUSTe
• Click to Verify seal on certified privacy
  statement links to validation page in foreign
  language
• Watchdog Dispute Resolution services provided in
  foreign languages

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TRUSTe EU Safe Harbor ProgramRequirements and
Certification

• Strict Program Requirements incorporate all Safe
  Harbor Privacy Principles
• Rigorous certification process
• Annual re-certification review
• Web site and privacy policy
• Revisions as needed
• Transparent privacy policies that provide clear
  notice on complaint mechanism and Licensees
  adherence to the Safe Harbor Privacy Principles

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TRUSTe E.U. Safe Harbor Seal ProgramWatchdog
Dispute Resolution

• Free of charge to consumers
• Easy-to-use online form
• Transparent, fair and equitable
• Complaints for offline data can be submitted by
  mail or fax

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TRUSTe EU Safe Harbor Program Watchdog
Complaints

• Typical complaints unsubscribing, closing
  account spam
• Eligible complaints
• Assert violation of Program Requirements
• Seek redress other than monetary damages
• Neither frivolous nor harassing
• Not previously arbitrated or litigated
• TRUSTe works with the complainant and the
  Sealholder to resolve issues
• Information disclosed is confidential
• Either party may appeal TRUSTes decision to
  Appeals Committee

Note All TRUSTe Watchdog Complaints
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Steps to Resolve a Watchdog Complaint
Consumer files complaint with the TRUSTe
Watchdog Dispute Resolution Program
Consumer is given 10 business days to
www.truste.org/consumers/
accept or reject proposed restitution
watchdog_complaint.php
When consumer responds, TRUSTe mediates
TRUSTe reviews all complaints for
resolution satisfying both consumer and
jurisdiction and responds to consumer within
licensee and then TRUSTe closes the
five (5) business days
complaint record
TRUSTe forwards complaint to TRUSTe
licensee who is required to respond within
When consumer does not respond, TRUSTe
five (5) business days
considers the resolution accepted and closes
the complaint record
Licensee provides restitution to consumer
TRUSTe monitors levels and severity of
directly or via TRUSTe at consumer request
consumer complaints on an ongoing basis
resulting in additional monitoring or
investigation
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TRUSTe EU Safe Harbor Program Monitoring and
Investigation

• Ongoing monitoring
• Email seeding
• Technological scans
• Reputation monitoring
• Periodic reviews
• Investigation on TRUSTes initiative or as a
  result of consumer complaints
• Due process leading to cure or to termination

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TRUSTe EU Safe Harbor ProgramEnforcement

• TRUSTe can terminate and revoke the seal of any
  sealholder
• Conduct investigation and provide Notice to
  Cure
• Terminate, if licensees remedial steps not to
  TRUSTes satisfaction
• Publicize the termination on TRUSTe Web site
• Refer to the Federal Trade Commission or
  Department of Commerce, as appropriate
• FTC or DOC may pursue an enforcement action in
  its discretion
• Several terminations are posted on TRUSTe
• No terminations necessary to date in EU Safe
  Harbor Program

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TRUSTe EU Safe Harbor Program Lessons Learned

• Keeping companies compliant is in the best
  interest of consumers and the marketplace
• Licensees have demonstrated their ongoing
  commitment to values embodied in Safe Harbor
  Privacy Principles
• Measure of success the number of companies
  abiding by the Principles, rather than the
  frequency of referrals to regulatory agencies

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TRUSTe E.U. Safe Harbor Seal Program

• For more information
• Fran Maier
• Executive Director and President, TRUSTer
• fran_at_truste.org
• www.truste.org