Commerce Seeks Renewal of Arbitrator Application Forms
Published Date: 6/2/2026
Notice
Summary
The Department of Commerce is asking for approval to keep collecting applications from people who want to be arbitrators in the Data Privacy Framework program. This program helps protect personal data shared between the U.S., EU, UK, and Switzerland. About 30 people apply yearly, spending around 4 hours each, and the public has 30 more days to share their thoughts on this process.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
Arbitration Offers Only Non‑Monetary Relief
The binding arbitration option under the Data Privacy Framework lets an arbitration panel impose individual-specific non-monetary equitable relief (like access, correction, deletion, or return of data) but explicitly provides no damages, costs, fees, or other monetary remedies. Panels may consist of one or three arbitrators selected from the lists.
Lawyers Can Apply To Be Arbitrators
Private individuals who are admitted to practice law in the United States and who are experts in U.S. privacy law (with expertise in EU, UK, or Swiss data protection law) may apply to be included on the Data Privacy Framework lists of arbitrators. The DOC expects about 30 applicants per year and arbitrators serve 3-year terms that are renewable by the DOC.
Application Time Burden Estimated
Submitting an application to be listed as an arbitrator is voluntary and is estimated to take about 4 hours per response. The DOC estimates 30 respondents annually, for a total of 120 burden hours each year.
Strict Eligibility And Independence Rules
To be eligible for the EU-U.S. DPF List (and the Swiss supplemental list), applicants must be admitted to practice law in the United States, be experts in U.S. privacy law with relevant EU or Swiss expertise, and must not be affiliated with or subject to instructions from participating organizations or governmental authorities. Lists will be maintained for 3-year terms (renewable).
ICDR‑AAA Will Administer Arbitrations And Fees
The Department of Commerce selected the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), to administer arbitrations and manage the arbitral fund identified in Annex I, including facilitating arbitrator fee arrangements and the collection and timely payment of arbitrator fees and expenses.
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Key Dates
Department and Agencies
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