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FTC Settles EU-U.S. Privacy Shield Allegations Against Diagnostics Company

  • The Federal Trade Commission (“FTC”) finalized its settlement with medical diagnostics company Ortho-Clinical Diagnostics, Inc. (“Ortho-Clinical”) to resolve allegations that it misled consumers about its participation in and compliance with the now-defunct EU-U.S. Privacy Shield framework (“Privacy Shield”) in violation of the FTC Act.
  • The FTC’s complaint alleged that Ortho-Clinical claimed that it participated in Privacy Shield even though it had allowed its certification to lapse in 2018.
  • Under the terms of the consent order, Ortho-Clinical is precluded from misrepresenting its participation in Privacy Shield or any other data privacy or security program sponsored by the government or any other standard-setting organization, and is required to comply with the requirements of Privacy Shield, among other things.