A Side-By-Side Comparison of Privacy Shield and Safe Harbor

  As you may know, the EU Safe Harbor was invalidated and the U.S. Department of Commerce and the EU have been working to develop a replacement program which would allow for the trans-border flow of personal data between the U.S. and the EU member states.

On July 12, 2016, they successfully passed the new program called the EU-U.S. Privacy Shield, which goes into effective on August 1st.

According to the EU-U.S. Privacy Shield Fact Sheet, the framework was designed to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the U.S. in support of transatlantic commerce. It also imposes stronger obligations on U.S. companies to protect Europeans’ personal data. It reflects the requirements of the European Court of Justice, which ruled the previous Safe Harbor framework invalid.

The Privacy Shield requires the U.S. to monitor and enforce more robustly, and cooperate more with European Data Protection Authorities.  It includes, for the first time, written commitments and assurance regarding access to data by public authorities.

In order to best understand the difference between the old and new framework, Bryan Cave LLP, a global law firm that serves clients in key business and financial markets, has prepared a side-by-side comparison of the invalidated Safe Harbor and the new Privacy Shield. The key areas covered in the comparison are:

  • Privacy policy
  • Onward transfers to controllers
  • Onward transfers to service providers/sub processing
  • Security
  • Data integrity
  • Access
  • Data subject’s enforcement ability
  • Contracting party oversight
  • Regulatory oversight
  • Regulatory liability
  • Implementation
  • Costs

To view the full comparison, click here.

Are Employees Ready to Wage a “Wage War”? A recent survey says yes!

survey 4 In past years, employers have had the upper hand over anxious job seekers.  However, the findings in Spherion’s new 2016 Emerging Workforce Study (EWS) shows that shifting economic conditions and a strong job market are giving power back to employees.

According to the survey, more employees believe they have leverage to demand higher salaries and better benefits from their employers OR they will look for them elsewhere!

The study indicates that employers seem to recognize the importance of raising wages to retain top employees – (74%) of companies say they have increased wages to remain competitive. A nearly equal number (73%) say they have seen their competitors raise salaries.

However, 62% of employers who recognize the need to pay higher wages say they simply cannot afford to do so.

The impending “wage war” is not the only hot-button issue fueling changes in the workplace. The EWS highlighted other additional factors influencing how both employees and employers evaluate today’s most critical issues, some of which are noted below.

Employee Engagement: 23% of employers cite employee engagement as one of their top three concerns over the next two years. The research also uncovers some surprising disconnects between what employers think and what employees believe.

Employees are more engaged than employers believe.

  • Employers: 17% believe their employees are highly engaged
  • Employees: 50% said they are highly engaged

Employers and employees are somewhat misaligned on what drives engagement:

Employers:

  • Relationship with boss
  • Company strength and stability
  • Impact on company success

Employees:

  • Rewards for accomplishments
  • Impact on company success
  • Relationship with boss

Employee Retention: Employers continue to struggle with retention, with 47% reporting they have replaced more than 20% their workforce in last 12 months.  The EWS found that employers and employees share differing views on the factors influencing retention.

  • Employers:  Believe workers value more personal influencers, such as supervisor relationships.
  • Employees: Prioritize financial compensation in their decisions

Workplace Diversity: Employers and employees agree on the importance of diversity in the workplace. Both parties recognize that a diverse and inclusive workplace fosters growth and learning.

  • Employers: 89%
  • Employees: 75%

Both employees and employers agree that diversity and inclusion initiatives could be better executed.

“A” grade for their efforts to create a more diverse and inclusive workplace:

  • Employers: 24%
  • Employees: 28

“C,” “D” or “F” grade:

  • Employer: 32%
  • Employee: 33%

 

Survey Methodology: The 2016 Emerging Workforce Study was conducted online during February and March 2016, among 416 human resource managers and 2,810 employed adults, ages 18 and older.

DID YOU KNOW? CARCO has a Mobile App!

Mobile App CARCO’s Mobile Document Upload App facilitates the process of transferring forms from either the applicant or your Human Resources staff that are required for the background check or I-9 processes.

Some of the forms uploaded using the Mobile App include W-2 forms, passports, school records, and more.  When using the app, no sensitive documents are stored on the phone itself. All forms are secured using TLS encryption so you can be confident that your candidates’ information will be safe.