Notice to SterlingBackcheck clients relying on the US-EU Safe Harbor Framework

The following information applies to SterlingBackcheck US clients (or their subsidiaries) located in the EU. SterlingBackcheck Canada and SterlingBackcheck UK clients are not impacted.

On October 6 2015, the Court of Justice of the European Union (CJEU) declared that the US-EU Safe Harbor framework (Safe Harbor) is invalid.

Safe Harbor allowed for the transfer of personal data belonging to European citizens to US self-certified businesses in compliance with the strict data transfer requirements laid down by the European Data Protection Directive (95/46/EC).

The effect of the CJEU’s decision means that SterlingBackcheck clients (or their subsidiaries) located in the EU can no longer rely on SterlingBackcheck’s Safe Harbor certification to transfer personal data concerning EU-based applicants to SterlingBackcheck US.

In many cases, SterlingBackcheck has signed EU Standard Contractual Clauses with many of its clients which have been pre-approved by the European Commission. If you are not sure if the EU Standard Contractual Clauses are in place for your account, please speak with your SterlingBackcheck representative for more information.

As an interim measure, SterlingBackcheck has begun implementing changes on its platforms to ensure that personal data collected directly from candidates is compliant with the Data Protection Directive.

This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.