Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Request; Applications for Inclusion on the Lists of Arbitrators Under the Data Privacy Framework Program

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Published

February 23, 2026

Issuing agencies

Commerce DepartmentInternational Trade Administration

Abstract

The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.

Full Text

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<title>Federal Register, Volume 91 Issue 35 (Monday, February 23, 2026)</title>
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[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8412-8415]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03470]

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DEPARTMENT OF COMMERCE

International Trade Administration

Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Request; Applications for Inclusion on the Lists of
Arbitrators Under the Data Privacy Framework Program

AGENCY: International Trade Administration, Commerce.

ACTION: Notice of information collection, request for comment.

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SUMMARY: The Department of Commerce, in accordance with the Paperwork
Reduction Act of 1995 (PRA), invites the general public and other
Federal agencies to comment on proposed and continuing information
collections, which helps us assess the impact of our information
collection requirements and minimize the public's reporting burden. The
purpose of this notice is to allow for 60 days of public comment
preceding submission of the collection to OMB.

DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before April 24, 2026.

ADDRESSES: Interested persons are invited to submit written comments to
David Ritchie, Senior Policy Advisor, International Trade
Administration, Department of Commerce by email to
<a href="/cdn-cgi/l/email-protection#82e6f2e4acf2f0ede5f0e3efc2f6f0e3e6e7ace5edf4">[email&#160;protected]</a> or <a href="/cdn-cgi/l/email-protection#a0f0f2e1e0d4d2c1c4c58ec7cfd6">[email&#160;protected]</a>. Please reference OMB Control
Number 0625-0281 in the subject line of your comments. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
specific questions related to collection activities should be directed
to David Ritchie, Senior Policy Advisor, International Trade
Administration, Department of Commerce by email to
<a href="/cdn-cgi/l/email-protection#8ce8fceaa2fcfee3ebfeede1ccf8feede8e9a2ebe3fa">[email&#160;protected]</a> or <a href="/cdn-cgi/l/email-protection#7c2c2e3d3c080e1d1819521b130a">[email&#160;protected]</a>, or by phone at 202-482-1512.

SUPPLEMENTARY INFORMATION:

I. Abstract

The United States, the European Union (EU), the United Kingdom
(UK), and Switzerland share a commitment to enhancing privacy
protection, the rule of law, and a recognition of the importance of
transatlantic data flows to our respective citizens, economies, and
societies, but take different approaches to doing so. Given those
differences, the Department of Commerce (DOC) developed the EU-U.S.
Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S.
Data Privacy Framework (UK Extension to the EU-U.S. DPF), and the
Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) in consultation with
the European Commission, the UK Government, the Swiss Federal
Administration, industry, and other stakeholders. These arrangements
were respectively developed to provide U.S. organizations reliable
mechanisms for personal data transfers to the United States from the
European Union/European Economic Area, the United Kingdom (and, as
applicable, Gibraltar), and Switzerland while ensuring data protection
that is consistent with EU, UK, and Swiss law.
The DOC issued the EU-U.S. DPF Principles and the Swiss-U.S. DPF
Principles, including the respective sets of Supplemental Principles
(collectively the Principles) and Annex I of the Principles, as well as
the UK Extension to the EU-U.S. DPF under its statutory authority to
foster, promote, and develop international commerce (15 U.S.C. 1512).
The International Trade Administration (ITA) administers and supervises
the Data Privacy Framework program, including by maintaining and

[[Page 8413]]

making publicly available the Data Privacy Framework List, an
authoritative list of U.S. organizations that have self-certified to
the DOC and declared their commitment to adhere to the Principles
pursuant to the EU-U.S. DPF and, as applicable, the UK Extension to the
EU-U.S. DPF, and/or the Swiss-U.S. DPF. While the decision by an
organization to self-certify its compliance pursuant to the EU-U.S. DPF
and, as applicable the UK Extension to the EU-U.S. DPF, and/or the
Swiss-U.S. DPF and by extension participate in the Data Privacy
Framework program is voluntary; effective compliance is compulsory:
organizations that self-certify to the DOC and publicly declare their
commitment to adhere to the Principles must comply fully with the
Principles. Such commitments to comply with the Principles are legally
enforceable under U.S. law. On the basis of the Principles, Executive
Order 14086, 28 CFR part 201, and accompanying letters and materials,
including ITA's commitments regarding the administration and
supervision of the Data Privacy Framework program, the European
Commission, the UK Government, and the Swiss Federal Administration
have respectively recognized the adequacy of the protection provided by
the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-
U.S. DPF thereby enabling personal data transfers from each respective
jurisdiction to U.S. organizations participating in the relevant part
of the Data Privacy Framework program.
As respectively described in Annex I of the EU-U.S. DPF Principles,
the UK Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF
Principles the DOC commits separately with the European Commission, the
UK Government, and the Swiss Federal Administration to implement an
arbitration mechanism to provide EU, UK, and Swiss individuals with the
ability under certain circumstances to invoke binding arbitration to
determine, for residual claims, whether an organization has violated
its obligations under the Principles as to those individuals.
Organizations that self-certify their compliance pursuant to the EU-
U.S. DPF, including those that also elect to participate in the UK
Extension to the EU-U.S. DPF are obligated to arbitrate claims and
follow the terms as set forth in Annex I of the EU-U.S. DPF Principles,
provided that an EU or UK (as applicable) individual has invoked
binding arbitration by delivering notice to the organization at issue
and following the procedures and subject to the conditions set forth in
Annex I of the EU-U.S. DPF Principles. Organizations that self-certify
their compliance pursuant to the Swiss-U.S. DPF are obligated to
arbitrate claims and follow the terms as set forth in Annex I of the
Swiss-U.S. DPF Principles, provided that a Swiss individual has invoked
binding arbitration by delivering notice to the organization at issue
and following the procedures and subject to the conditions set forth in
Annex I of the Swiss-U.S. DPF Principles. An individual's decision to
invoke this binding arbitration option is entirely voluntary. Arbitral
decisions will be binding on all parties to the arbitration. Under this
binding arbitration option, a panel (consisting of one or three
arbitrators, as agreed by the parties) has the authority to impose
individual-specific, non-monetary equitable relief (such as access,
correction, deletion, or return of the individual's data in question)
necessary to remedy the violation of the Principles only with respect
to the individual. No damages, costs, fees, or other remedies are
available. The parties will select the arbitrators from the list(s) of
arbitrators described below.
Pursuant to the EU-U.S. DPF and the UK Extension to the EU-U.S.
DPF, the DOC and the European Commission has developed and will seek to
maintain a list of at least 10 arbitrators. The parties, including the
EU or UK individual who has invoked binding arbitration, will select
arbitrators for the arbitration panel from that list of arbitrators
developed under the EU-U.S. DPF (EU-U.S. DPF List of Arbitrators). To
be eligible for inclusion on the EU-U.S. DPF List of Arbitrators,
applicants must be admitted to practice law in the United States and be
experts in U.S. privacy law, with expertise in EU data protection law;
and shall not be subject to any instructions from, or be affiliated
with, either party, or any participating organization, or the United
States, European Union, or any EU Member State or any other
governmental authority, public authority, or enforcement authority.
Arbitrators will remain on the EU-U.S. DPF List of Arbitrators for a
period of 3 years, absent exceptional circumstances or removal for
cause, renewable by the DOC, with prior notification to the European
Commission for additional 3- year terms.
Pursuant to the Swiss-U.S. DPF the DOC and the Swiss Federal
Administration has developed and will seek to maintain a list of up to
five arbitrators to supplement the list of arbitrators developed under
the EU-U.S. DPF. The parties, including the Swiss individual who has
invoked binding arbitration, will select arbitrators for the
arbitration panel from the list of arbitrators developed under the EU-
U.S. DPF, as supplemented by the list of arbitrators developed under
the Swiss-U.S. DPF (Swiss-U.S. DPF Supplemental List of Arbitrators).
To be eligible for inclusion on the Swiss-U.S. DPF Supplemental List of
Arbitrators, applicants must be admitted to practice law in the United
States and be experts in U.S. privacy law, with expertise in European
or Swiss data protection law; and shall not be subject to any
instructions from, or be affiliated with, either party, or any
participating organization, or the United States, Switzerland, European
Union, or any EU Member State or any other governmental authority,
public authority, or enforcement authority. Arbitrators will remain on
the Swiss-U.S. DPF Supplemental List of Arbitrators for a period of 3
years, absent exceptional circumstances or removal for cause, renewable
by the DOC, with prior notification to the Swiss Federal Administration
for additional 3-year terms.
To be considered for inclusion on the EU-U.S. DPF List of
Arbitrators or the Swiss-U.S. DPF Supplemental List of Arbitrators,
eligible individuals will be respectively evaluated by the DOC and the
European Commission and the DOC and the Swiss Federal Administration on
the basis of independence, integrity, and expertise:

Independence:
--Freedom from bias and prejudice.
Integrity:
--Held in the highest regard by peers for integrity, fairness, and good
judgment.
--Demonstrates high ethical standards and commitment necessary to be an
arbitrator.
Expertise:
--Required expertise:
--Admission to practice law in the United States.
--Level of demonstrated expertise in U.S. privacy law and EU and/or
Swiss data protection law (as applicable).
--Other expertise that may be considered includes any of the following:
--Relevant educational degrees and professional licenses.
--Relevant professional or academic experience or legal practice.
--Relevant training or experience in arbitration or other forms of
dispute resolution.

The DOC has agreed with the European Commission to the adoption of
arbitration rules that govern arbitration proceedings and a code of

[[Page 8414]]

conduct for arbitrators under the EU-U.S. DPF (and similarly agreed
with the UK Government as relates to arbitration proceedings under the
UK Extension to the EU-U.S. DPF), and the Swiss Federal Administration
to the adoption of arbitration rules that govern arbitration
proceedings and a code of conduct for arbitrators under the Swiss-U.S.
DPF. In the event that the rules governing the proceedings and/or the
code of conduct for arbitrators need to be changed, the DOC and the
European Commission and the Swiss Federal Administration will agree to
amend those rules or adopt a different set of existing, well-
established U.S. arbitral procedures, and/or amend the code of conduct
for arbitrators (as applicable).
The DOC has selected the International Centre for Dispute
Resolution (ICDR), the international division of the American
Arbitration Association (AAA) (collectively ICDR-AAA) to administer
arbitrations pursuant to and manage the arbitral fund identified in
Annex I of the EU-U.S. DPF Principles, including as relates to the UK
Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF
Principles. Among other things, the ICDR-AAA facilitates arbitrator fee
arrangements, including the collection and timely payment of arbitrator
fees and other expenses. The DOC and the European Commission (and the
UK Government, as appropriate, with regard to the UK Extension to the
EU-U.S. DPF) agreed to the adoption of a set of arbitration rules to
govern binding arbitration proceedings described in Annex I of the EU-
U.S. DPF Principles, as well as a code of conduct for arbitrators that
is consistent with generally accepted ethical standards for commercial
arbitrators and Annex I of the Principles. The DOC and the Swiss
Federal Administration agreed to the adoption of a set of arbitration
rules to govern binding arbitration proceedings described in Annex I of
the Swiss-U.S. DPF Principles, as well as a code of conduct for
arbitrators that is consistent with generally accepted ethical
standards for commercial arbitrators and Annex I of the Principles.
Applications: Applications must be typewritten, electronically
submitted, and headed ``Application for Inclusion on the EU-U.S. DPF
List of Arbitrators'' or ``Application for Inclusion on the Swiss-U.S.
DPF Supplemental List of Arbitrators'' (as applicable). Applications
must include the following information, and each section of the
application should be labeled and numbered as indicated below:

--Applicant's name.
--Applicant's mailing address, telephone number, and email address.
1. Independence
--Description of the applicant's affiliations with any organization
that has self-certified under the EU-U.S. DPF or the Swiss-U.S. DPF, or
the United States, European Union, any EU Member State, Switzerland, or
any other governmental authority, public authority, or enforcement
authority.
2. Integrity
--The respective names, job titles (as applicable), mailing addresses,
telephone numbers, and email addresses of three individuals willing to
provide information concerning the applicant's qualifications for
service, including the applicant's character, reputation, reliability,
and judgment.
--Description of the applicant's willingness and ability to make time
commitments necessary to be an arbitrator.
3. Expertise
--Demonstration of admittance to practice law in the United States.
--Relevant academic degrees and professional training and licensing.
--Current employment, including job title and description of
responsibility, as well as name and mailing address of employer, and
name, job title, telephone number, and email address of supervisor or
other reference.
--Employment history, including the dates and mailing addresses of each
prior position and a summary of responsibilities.
--Description of expertise in U.S. privacy law and EU and/or Swiss data
protection law (as applicable), and, as appropriate, any other European
data protection law.
--Description of training or experience in arbitration or other forms
of dispute resolution, if applicable.
--A list of publications, testimony, and speeches, if any, concerning
U.S. privacy law and EU and/or Swiss data protection law (as
applicable).

II. Method of Collection

Individuals interested in being considered for inclusion on the EU-
U.S. DPF List of Arbitrators or the Swiss-U.S. DPF Supplemental List of
Arbitrators would submit their applications to the DOC online via email
at <a href="/cdn-cgi/l/email-protection#345044521a44465b534655597440465550511a535b42">[email&#160;protected]</a>.
The DOC previously requested and obtained approval of this
information collection, which has allowed the DOC, as represented by
ITA, to collect information from applicants for inclusion on the EU-
U.S. DPF List of Arbitrators and from applicants for inclusion on the
Swiss-U.S. DPF Supplemental List of Arbitrators (OMB Control Number
0625-0281). More information on the binding arbitration option under
the Data Privacy Framework program is available on the DOC's Data
Privacy Framework program website (<a href="https://www.dataprivacyframework.gov/">https://www.dataprivacyframework.gov/</a>).

III. Data

OMB Control Number: 0625-0281.
Form Number(s): None.
Type of Review: Regular submission, extension of a current
information collection.
Affected Public: Private individuals.
Estimated Number of Respondents: 30.
Estimated Time per Response: 4 hours.
Estimated Total Annual Burden Hours: 120 hours.
Estimated Total Annual Cost to Public: $0.
Respondent's Obligation: Voluntary.
Legal Authority: The DOC's statutory authority to foster, promote,
and develop the foreign and domestic commerce of the United States (15
U.S.C. 1512).

IV. Request for Comments

We are soliciting public comments to permit the Department/Bureau
to: (a) Evaluate whether the proposed information collection is
necessary for the proper functions of the Department, including whether
the information will have practical utility; (b) Evaluate the accuracy
of our estimate of the time and cost burden for this proposed
collection, including the validity of the methodology and assumptions
used; (c) Evaluate ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) Minimize the reporting burden
on those who are to respond, including the use of automated collection
techniques or other forms of information technology.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this information collection request (ICR). Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you may ask us in your
comment to withhold your personal identifying information from public
review, we

[[Page 8415]]

cannot guarantee that we will be able to do so.

Sheleen Dumas,
Departmental PRA Compliance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2026-03470 Filed 2-20-26; 8:45 am]
BILLING CODE 3510-DR-P

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