Decusoft, LLC; Analysis To Aid Public Comment, 43369-43371 [2017-19617]

Download as PDF mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’s Social Security number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC Web site—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC Web site at http:// www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before October 10, 2017. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/ privacy-policy. VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, a consent agreement applicable to Md7, LLC (‘‘Md7’’). The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement’s proposed order. This matter concerns alleged false or misleading representations that Md7 made to consumers concerning its participation in the EU-U.S. Privacy Shield framework agreed upon by the U.S. and the European Union (‘‘EU’’). The EU-U.S. Privacy Shield framework allows U.S. companies to transfer data outside the EU consistent with EU law. To join the EU-U.S. Privacy Shield framework, a company must self-certify to the U.S. Department of Commerce (‘‘Commerce’’) that it complies with a set of principles and related requirements that have been deemed by the European Commission as providing ‘‘adequate’’ privacy protection. These principles include notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, enforcement, and liability. Commerce maintains a public Web site, https:// www.privacyshield.gov/list, where it posts the names of companies that have self-certified to the EU-U.S. Privacy Shield framework. The listing of companies indicates whether their selfcertification is current. Companies are required to re-certify every year in order to retain their status as current members of the EU-U.S. Privacy Shield framework. Md7 assists wireless operators in managing real estate-related issues. According to the Commission’s complaint, Md7 has set forth on its Web site, www.md7.com/privacy-policy/, privacy policies and statements about its practices, including statements related to its participation in the EUU.S. Privacy Shield framework. The Commission’s complaint alleges that Md7 falsely represented that it was certified to participate in the EU-U.S. Privacy Shield framework when, in fact, Md7 never completed the necessary steps to finalize its application and thus, PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 43369 was not certified to participate in the EU-U.S. Privacy Shield framework. Part I of the proposed order prohibits Md7 from making misrepresentations about its membership in any privacy or security program sponsored by the government or any other self-regulatory or standard-setting organization, including, but not limited to, the EUU.S. Privacy Shield framework. Parts II through VI of the proposed order are reporting and compliance provisions. Part II requires acknowledgement of the order and dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part III ensures notification to the FTC of changes in corporate status and mandates that Md7 submit an initial compliance report to the FTC. Part IV requires Md7 to retain documents relating to its compliance with the order for a five-year period. Part V mandates that Md7 make available to the FTC information or subsequent compliance reports, as requested. Part VI is a provision ‘‘sunsetting’’ the order after twenty (20) years, with certain exceptions. The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed complaint or order or to modify the order’s terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2017–19618 Filed 9–14–17; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 172 3173] Decusoft, LLC; Analysis To Aid Public Comment Federal Trade Commission. Proposed consent agreement. AGENCY: ACTION: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before October 10, 2017. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUMMARY: E:\FR\FM\15SEN1.SGM 15SEN1 mstockstill on DSK30JT082PROD with NOTICES 43370 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices SUPPLEMENTARY INFORMATION section below. Write: ‘‘In the Matter of Decusoft, LLC, File No. 172 3173’’ on your comment, and file your comment online at https://ftcpublic.commentworks.com/ ftc/decusoftconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ‘‘In the Matter of Decusoft, LLC, File No. 172 3173’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Monique Einhorn (202–326–2575), Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for September 8, 2017), on the World Wide Web, at https:// www.ftc.gov/news-events/commissionactions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 10, 2017. Write ‘‘In the Matter of Decusoft, LLC, File No. 172 3173’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at https:// www.ftc.gov/policy/public-comments. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ decusoftconsent by following the VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you prefer to file your comment on paper, write ‘‘In the Matter of Decusoft, LLC, File No. 172 3173’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Because your comment will be placed on the publicly accessible FTC Web site at https://www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’s Social Security number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 the public interest. Once your comment has been posted on the public FTC Web site—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC Web site at http:// www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before October 10, 2017. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/ privacy-policy. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, a consent agreement applicable to Decusoft, LLC (‘‘Decusoft’’). The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement’s proposed order. This matter concerns alleged false or misleading representations that Decusoft made to consumers concerning its participation in the Privacy Shield frameworks agreed upon by the U.S. and the European Union (‘‘EU’’) and the U.S. and Switzerland (collectively, ‘‘Privacy Shield frameworks’’). The Privacy Shield frameworks allow U.S. companies to transfer data outside the EU and Switzerland consistent with EU and Swiss law. To join the Privacy Shield frameworks, a company must self-certify to the U.S. Department of Commerce (‘‘Commerce’’) that it complies with a set of principles and related requirements that have been deemed by the European Commission and Switzerland as providing ‘‘adequate’’ privacy protection. These principles include notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, E:\FR\FM\15SEN1.SGM 15SEN1 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices enforcement, and liability. Commerce maintains a public Web site, https:// www.privacyshield.gov/list, where it posts the names of companies that have self-certified to the Privacy Shield frameworks. The listing of companies indicates whether their self-certification is current. Companies are required to recertify every year in order to retain their status as current members of the Privacy Shield frameworks. Decusoft develops software for use in human resources applications. According to the Commission’s complaint, Decusoft has set forth on its Web site, www.decusoft.com/privacypolicy, privacy policies and statements about its practices, including statements related to its participation in the EUU.S. and the Swiss-U.S. Privacy Shield frameworks. The Commission’s complaint alleges that Decusoft falsely represented that it was certified to participate in the Privacy Shield frameworks when, in fact, Decusoft never completed the necessary steps to finalize its applications, and thus, was not certified to participate in either the EU-U.S. Privacy Shield framework or the SwissU.S. Privacy Shield framework. Part I of the proposed order prohibits Decusoft from making misrepresentations about its membership in any privacy or security program sponsored by the government or any other self-regulatory or standard- setting organization, including, but not limited to, the EU-U.S. Privacy Shield framework and the Swiss-U.S. Safe Privacy Shield framework. Parts II through VI of the proposed order are reporting and compliance provisions. Part II requires acknowledgement of the order and dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part III ensures notification to the FTC of changes in corporate status and mandates that Decusoft submit an initial compliance report to the FTC. Part IV requires Decusoft to retain documents relating to its compliance with the order for a fiveyear period. Part V mandates that Decusoft make available to the FTC information or subsequent compliance reports, as requested. Part VI is a provision ‘‘sunsetting’’ the order after twenty (20) years, with certain exceptions. The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed complaint or order or to modify the order’s terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2017–19617 Filed 9–14–17; 8:45 am] BILLING CODE 6750–01–P 43371 FEDERAL TRADE COMMISSION Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers or acquisitions to give the Federal Trade Commission and the Assistant Attorney General advance notice and to wait designated periods before consummation of such plans. Section 7A(b)(2) of the Act permits the agencies, in individual cases, to terminate this waiting period prior to its expiration and requires that notice of this action be published in the Federal Register. The following transactions were granted early termination—on the dates indicated—of the waiting period provided by law and the premerger notification rules. The listing for each transaction includes the transaction number and the parties to the transaction. The grants were made by the Federal Trade Commission and the Assistant Attorney General for the Antitrust Division of the Department of Justice. Neither agency intends to take any action with respect to these proposed acquisitions during the applicable waiting period. EARLY TERMINATIONS GRANTED [August 1, 2017 through August 31, 2017] 08/01/2017 20171618 ...... G New Mountain Partners IV, L.P.; Larsen MacColl Partners, L.P.; New Mountain Partners IV, L.P. 08/02/2017 20171591 ...... G Michael Ashley; The Finish Line, Inc.; Michael Ashley. 08/03/2017 20171584 ...... G Stanley G. Middleman; New York Community Bancorp, Inc.; Stanley G. Middleman. 08/04/2017 20171603 ...... 20171631 ...... G G ABM Industries Incorporated; GCA Holding Corp.; ABM Industries Incorporated. Cincinnati Bell Inc.; Marlin Equity III, L.P.; Cincinnati Bell Inc. mstockstill on DSK30JT082PROD with NOTICES 08/07/2017 20171626 20171641 20171649 20171652 20171656 20171657 20171662 ...... ...... ...... ...... ...... ...... ...... G G G G G G G 20171666 20171670 20171675 20171679 ...... ...... ...... ...... G G G G VerDate Sep<11>2014 OZ Overseas Fund II, Ltd.; EQT Corporation; OZ Overseas Fund II, Ltd. ArcLight Energy Partners Fund VI, L.P.; Halcon Resources Corporation; ArcLight Energy Partners Fund VI, L.P. Golden Gate Capital Opportunity Fund, L.P.; Summit Park II, L.P.; Golden Gate Capital Opportunity Fund, L.P. EQT Infrastructure III (No. 1) SCSp; Jacques R. and Naila Saade; EQT Infrastructure III (No. 1) SCSp. Michael Gregory O’Hara; Alexandre Chemla; Michael Gregory O’Hara. Magellan Health, Inc.; TA XI L.P.; Magellan Health, Inc. China Regenerative Medicine International Limited; Valeant Pharmaceuticals International, Inc.; China Regenerative Medicine International Limited. AI Fresh Parent, Inc.; FS Equity Partners VI, L.P.; AI Fresh Parent, Inc. DENSO Corporation; Fujitsu Limited; DENSO Corporation. Blackstone Capital Partners VII L.P.; Providence Equity Partners VII–A L.P.; Blackstone Capital Partners VII L.P. Konica Minolta, Inc.; Ambry Genetics Corporation; Konica Minolta, Inc. 17:07 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43369-43371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19617]


-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[File No. 172 3173]


Decusoft, LLC; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

-----------------------------------------------------------------------

SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices. The attached Analysis to Aid Public Comment describes both 
the allegations in the complaint and the terms of the consent order--
embodied in the consent agreement--that would settle these allegations.

DATES: Comments must be received on or before October 10, 2017.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the

[[Page 43370]]

SUPPLEMENTARY INFORMATION section below. Write: ``In the Matter of 
Decusoft, LLC, File No. 172 3173'' on your comment, and file your 
comment online at https://ftcpublic.commentworks.com/ftc/decusoftconsent by following the instructions on the web-based form. If 
you prefer to file your comment on paper, write ``In the Matter of 
Decusoft, LLC, File No. 172 3173'' on your comment and on the envelope, 
and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Monique Einhorn (202-326-2575), Bureau 
of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreement 
containing a consent order to cease and desist, having been filed with 
and accepted, subject to final approval, by the Commission, has been 
placed on the public record for a period of thirty (30) days. The 
following Analysis to Aid Public Comment describes the terms of the 
consent agreement, and the allegations in the complaint. An electronic 
copy of the full text of the consent agreement package can be obtained 
from the FTC Home Page (for September 8, 2017), on the World Wide Web, 
at https://www.ftc.gov/news-events/commission-actions.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 10, 
2017. Write ``In the Matter of Decusoft, LLC, File No. 172 3173'' on 
your comment. Your comment--including your name and your state--will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at https://www.ftc.gov/policy/public-comments.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/decusoftconsent by following the instructions on the web-based 
form. If this Notice appears at http://www.regulations.gov/#!home, you 
also may file a comment through that Web site.
    If you prefer to file your comment on paper, write ``In the Matter 
of Decusoft, LLC, File No. 172 3173'' on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC 20024. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://www.ftc.gov, you are solely responsible for making 
sure that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else's Social 
Security number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. You are also 
solely responsible for making sure that your comment does not include 
any sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 
16 CFR 4.10(a)(2)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the public FTC Web site--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC Web site, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the FTC Web site at http://www.ftc.gov to read this Notice 
and the news release describing it. The FTC Act and other laws that the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding, as appropriate. The Commission 
will consider all timely and responsive public comments that it 
receives on or before October 10, 2017. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, a consent agreement applicable to 
Decusoft, LLC (``Decusoft'').
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty days, the Commission will again review the 
agreement and the comments received, and will decide whether it should 
withdraw from the agreement and take appropriate action or make final 
the agreement's proposed order.
    This matter concerns alleged false or misleading representations 
that Decusoft made to consumers concerning its participation in the 
Privacy Shield frameworks agreed upon by the U.S. and the European 
Union (``EU'') and the U.S. and Switzerland (collectively, ``Privacy 
Shield frameworks''). The Privacy Shield frameworks allow U.S. 
companies to transfer data outside the EU and Switzerland consistent 
with EU and Swiss law. To join the Privacy Shield frameworks, a company 
must self-certify to the U.S. Department of Commerce (``Commerce'') 
that it complies with a set of principles and related requirements that 
have been deemed by the European Commission and Switzerland as 
providing ``adequate'' privacy protection. These principles include 
notice; choice; accountability for onward transfer; security; data 
integrity and purpose limitation; access; and recourse,

[[Page 43371]]

enforcement, and liability. Commerce maintains a public Web site, 
https://www.privacyshield.gov/list, where it posts the names of 
companies that have self-certified to the Privacy Shield frameworks. 
The listing of companies indicates whether their self-certification is 
current. Companies are required to re-certify every year in order to 
retain their status as current members of the Privacy Shield 
frameworks.
    Decusoft develops software for use in human resources applications.
    According to the Commission's complaint, Decusoft has set forth on 
its Web site, www.decusoft.com/privacy-policy, privacy policies and 
statements about its practices, including statements related to its 
participation in the EU-U.S. and the Swiss-U.S. Privacy Shield 
frameworks.
    The Commission's complaint alleges that Decusoft falsely 
represented that it was certified to participate in the Privacy Shield 
frameworks when, in fact, Decusoft never completed the necessary steps 
to finalize its applications, and thus, was not certified to 
participate in either the EU-U.S. Privacy Shield framework or the 
Swiss-U.S. Privacy Shield framework.
    Part I of the proposed order prohibits Decusoft from making 
misrepresentations about its membership in any privacy or security 
program sponsored by the government or any other self-regulatory or 
standard-setting organization, including, but not limited to, the EU-
U.S. Privacy Shield framework and the Swiss-U.S. Safe Privacy Shield 
framework.
    Parts II through VI of the proposed order are reporting and 
compliance provisions. Part II requires acknowledgement of the order 
and dissemination of the order now and in the future to persons with 
responsibilities relating to the subject matter of the order. Part III 
ensures notification to the FTC of changes in corporate status and 
mandates that Decusoft submit an initial compliance report to the FTC. 
Part IV requires Decusoft to retain documents relating to its 
compliance with the order for a five-year period.
    Part V mandates that Decusoft make available to the FTC information 
or subsequent compliance reports, as requested. Part VI is a provision 
``sunsetting'' the order after twenty (20) years, with certain 
exceptions.
    The purpose of this analysis is to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the proposed complaint or order or to modify the 
order's terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-19617 Filed 9-14-17; 8:45 am]
 BILLING CODE 6750-01-P