Arbitrators should take reasonable steps to minimize the costs or fees of the arbitrations.

Subject to applicable law, the Department of Commerce will facilitate the establishment of a fund, into which Privacy Shield organizations will be required to pay an annual contribution, based in part on the size of the organization, which will cover the arbitral cost, including arbitrator fees, up to maximum amounts (“caps”), in consultation with the European Commission.  The fund will be managed by a third party, which will report regularly on the operations of the fund.  At the annual review, the Department of Commerce and European Commission will review the operation of the fund, including the need to adjust the amount of the contributions or of the caps, and will consider, among other things, the number of arbitrations and the costs and timing of the arbitrations, with the mutual understanding that there will be no excessive financial burden imposed on Privacy Shield organizations.  Attorney’s fees are not covered by this provision or any fund under this provision.


A. Scope;
B. Available Remedies;
C. Pre-Arbitration Requirements;
D. Binding Nature of Decisions;
E. Review and Enforcement;
F. The Arbitration Panel;
G. Arbitration Procedures;
H. Costs