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Karl Wabst

EC publishes Q&A on overseas data transfer * The Register - 0 views

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    The European Commission has prepared a set of questions and answers as well as a flowchart to help companies understand when they can and when they cannot send personal data abroad. The European Union's Data Protection Directive protects the personal data of EU citizens from abuse and misuse. Organisations have a duty to protect it, and that means ensuring that it is not sent to countries with poor data protection. The Directive says that data can be sent to another country "only if... the third country in question ensures an adequate level of protection". Only a handful of countries have been deemed acceptable destinations for data by the European Commission. Those are Switzerland, Canada, Argentina, the Bailiwick of Guernsey, the Isle of Man, the Bailiwick of Jersey and the US, when the data's treatment is in the Safe Harbor Privacy Principles of the US Department of Commerce The advice has been prepared by the Data Protection Unit of the Directorate-General for Justice, Freedom and Security at the European Commission. It is designed particularly to help small and medium sized companies to understand the law when it comes to transferring personal data outside of the European Economic Area (EEA). The guidance points out that in order for a transfer to be legal, data has to be properly handled in the first place according to the data protection laws of the country where the processing organisation is established. If the transfer is to a country not listed as having adequate data protections in place, a transfer can still take place, the guidance says, but only if "the data controller offers 'adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights'," says the guidance, quoting the Directive. "These safeguards may result from appropriate contractual clauses, and more particularly from standard contractual clauses issued by the Commission," it sai
Karl Wabst

Use of Web Tracking Tool Raises Privacy Issue in Britain - NYTimes.com - 0 views

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    The European Commission threatened Britain with sanctions on Tuesday for allowing an Internet service provider to use a new advertising technology to track the Web movements of customers. The European telecommunications commissioner, Viviane Reding, said that use of a tracking tool created by Phorm violated European privacy laws. The country's largest service provider, BT, acknowledged last April that it used the tool without customers' consent in 2006 and 2007, Ms. Reding said. "European privacy rules are crystal clear: a person's information can only be used with their prior consent," Ms. Reding said. The case could become a test for the limits of ads that aim at online behavior. Supporters of the practice say it has the potential to transform advertising by allowing marketers to show Internet users only ads that are considered relevant to them, based on their surfing habits.
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Karl Wabst

Europe Votes Sweeping Telecom Reform - BusinessWeek - 0 views

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    New rules will protect consumers, harmonize regulation, and enshrine net neutrality. But a late amendment left the legislation in limbo The European Parliament has voted through a massive tranche of reforms for the European telecommunications sector, including a significant net-neutrality amendment. The 'Telecoms Package' of laws was voted into force on Wednesday with a large majority, and must now be ratified by the Council of Telecoms Ministers. The vote marks the first time that internet access has been recognised in European law as a fundamental right on a par with freedom of expression. The legislation also compels European telecoms and internet service providers (ISPs) to notify their customers of any personal data breaches, the first time they have been required to do so.
Karl Wabst

EU starts action against Britain over data privacy | Industries | Technology, Media & T... - 0 views

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    The European Commission started legal action against Britain on Tuesday for what the EU executive called a failure to keep people's online details confidential. EU Telecoms Commissioner Viviane Reding said the action related to how Internet service providers used Phorm (PHOR.L) technology to send subscribers tailor-made advertisements based on websites visited. Reding said Internet users in Britain had complained about the way the UK applied EU rules on privacy and electronic communications that were meant to prohibit interception and surveillance without the user's consent. "Technologies like Internet behavioural advertising can be useful for businesses and consumers but they must be used in a way that complies with EU rules," Reding said in a statement. "We have been following the Phorm case for some time and have concluded that there are problems in the way the UK has implemented parts of the EU rules on the confidentiality of communications," Reding said. She called on Britain to change its national laws to ensure there were proper sanctions to enforce EU confidentiality rules. Unless Britain complies, Reding has the power to issue a final warning before taking the country to the 27-nation EU's top court, the European Court of Justice. If it rules in favour of the European Commission, the court can force Britain to change its laws. (Reporting by Huw Jones, editing by Dale Hudson)
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Karl Wabst

EU sues UK over Internet privacy > Data Warehousing > Information Architecture - 0 views

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    European Union's move indicates growing government concern over how Internet companies are using individuals' private data The European Commission began legal action against the U.K. Tuesday over its failure to protect Internet users from Phorm -- a covert behavioral advertising technology tested by the U.K.'s biggest fixed line operator, BT, in 2006 and 2007. The move signals growing concern in Brussels over the way new Internet-based technologies are using people's personal data. In addition to taking legal action against the U.K., the Commission also issued a general warning to all 27 E.U. countries to uphold privacy laws, especially regarding social-networking Web sites and users of RFID (radio frequency identification) technologies. In Canada, the federal government has even proposed a legislation that will provide law enforcement agents sweeping powers to obtain user information from ISPs. The Commission, the executive body of the European Union responsible for upholding laws, said the U.K. had failed to enforce E.U. data protection and privacy rules, because broadband Internet subscribers were not informed that their browsing was being tracked.
Karl Wabst

EU Data Protection Working Party Issues Guidance on Cross Border Discovery : Security, ... - 0 views

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    On Wednesday, February 11, 2009, the Data Protection Working Party, an independent European advisory body on data protection and privacy, released its Working Document 1-2009 (.pdf) on pre-trial discovery for cross border civil litigation. The Working Document attempts to reconcile the tension between U.S. discovery rules and the European Union's Directive 95/46/EC (.pdf), which outlines the EU's privacy requirements. What follows is a summary of the Working Document and an analysis of how it begins to bridge the gap between U.S. discovery rules and the European privacy framework. The Working Document offers guidance to EU data controllers responding to U.S. discovery requests. As the Working Document explains, those controllers often find themselves in a bind. On the one hand, U.S. law allows for broad discovery, which may require a controller to provide, or "process," personal data of customers or employees. On the other hand, Article 7 of EU Directive 95/46 limits a member state's authority to process such data. Under Article 7, a member state may process personal data only if one of six identified grounds for processing applies. The Working Document considers the Article 7 grounds most likely to supply a legitimate basis for compliance with a discovery request - namely 1) consent, 2) necessary for compliance with a legal obligation, and 3) necessary for the purposes of a legitimate interest, where such interests are not "overridden by the interests for fundamental rights and freedoms of the data subject." Recognizing that the "interests of justice would be served by not unnecessarily limiting the ability of an organisation to act to promote or defend a legal right," the Working Document suggests that the third basis - necessary for the purposes of a legitimate interest - will often provide a ground for processing data in response to a U.S. discovery request.
Karl Wabst

EC challenges internet snooping - 0 views

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    Privacy rights are accepted and, generally, honored in Europe. The wealth - literally and figuratively - of personal information made available through the internet staggers the imagination. Staggering, too, is the prospect of privacy rights being trampled. EC Consumer Protection Commissioner Meglena Kuneva has a bone to pick with internet snooping. And she's launching an investigation into deep data mining. In an official statement (to be released March 31) she will outline concerns of vague and misleading 'term of use' for access to Web sites that can breach EC privacy rules. Commissioner Kuneva was born and raised in Bulgaria during a time when snooping on people was common, legal and nasty. The European Parliament (EuroParl) voted (March 27) overwhelmingly for recommendations in a report linking data surveillance, advertising and cybercrime. The report recommends safeguards for the privacy rights of internet users. The EuroParl called for "making use of existing national, regional, and international law." The MEPs raised the "imbalance of negotiating power between (internet) users and institutions." Internet users, said the MEPs, have the right to "permanently delete" personal details. Facebook's recent change in 'terms of use' allowing it to retain personal information brought a firestorm of criticism and the social networking portal backtracked. And the EC was watching. "It wasn't regulators who spotted the proposed change of terms at Facebook, it was one of the 175 million users," said Commissioner Kuneva's spokesperson Helen Kearns. Collecting and analyzing profile data is big business. It is "the new petroleum of the Internet world," said Ms Kearns, quoted in PC World (March 30). "If you are happy trading your data that's fine, but you should at least know how valuable it is." As Google and Microsoft have learned European Commission rules, unlike American rules, tend to set a low bar for compliance. The former pr
Karl Wabst

Avoiding gotchas of security tools and global data privacy laws - 0 views

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    IT practices such as identity management, email and URL filtering, virus scanning and electronic monitoring of employees can get companies that do business globally into a heap of trouble if deployed without an understanding of global data privacy laws. The warning was one of several alarms raised in a presentation on global privacy best practices by Gartner Inc. analysts Arabella Hallawell and Carsten Casper at the recent Gartner Risk Management and Compliance Summit in Chicago. Always a thorny issue, the protection of personally identifiable information (PII) is made more complicated in a world where there is limited agreement on how best to do that. According to the Gartner analysts, the world is divided into three parts when it comes to data privacy laws: countries with strong, moderate or inadequate legislation. The European Union, under the European Union Directive on Data Protection, possesses the strongest privacy regulations, followed by Canada and Argentina; Australia, Japan and South Africa have moderate to strong, recent legislation; laws in China, India and the Philippines are the least effective or laxly enforced. The United States has the dubious distinction of occupying two categories -- the strong column, due to the 45 state breach notification laws on the books, and the weak column, because of the lack of a federal law. Even among the three categories, nuances abound. Under the European Union Directive, member countries enact their own principles into legislation, and some laws (like Italy's) are more stringent than the directive's standards. Russia's very recent law is modeled after the strong EU laws, but how it will be enforced remains questionable. And in the U.S., state breach notification laws vary, with Nevada and Massachusetts proposing the most prescriptive data privacy legislation to date.
Karl Wabst

EC sets out privacy requirements for smart RFID tags - 0 views

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    The European Commission on Tuesday set a code of conduct for companies using RFID (radio frequency identification) tags that it hopes will safeguard citizens' privacy and allow the quick rollout of the new technology. Around 2.2 billion RFID tags were sold worldwide last year, a third of them in Europe, and were installed in a wide range of products including shipping containers and smart cards used in highway toll booths. The Commission expects the use of RFID tags to grow to five times the current level over the next decade, as tags are added to common consumer items such as bus passes, refrigerators and even clothes. There is "clear economic potential" in using RFID chips to allow communication between objects, said information society commissioner Viviane Reding in a statement. But she added that European citizens "must never be taken unawares by the new technology."
Karl Wabst

Data Protection & Privacy Day Tomorrow - 0 views

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    Tomorrow is Data Protection and Privacy Day. Events around the world will mark the occasion. In Brussels, the European Parliament, European Commission and EDPS will host a variety of workshops and the winners of the "Think Privacy," competition will be unveiled. In Canada, events will be held in Newfoundland and Labrador, Ontario, Alberta and elsewhere, with regulators and companies hosting various forums. For a comprehensive list of global events, visit the Data Privacy Day Web site. After hours, privacy pros will gather in cities across the world for IAPP Privacy After Hours events. Click here to find an event near you.
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    Data Protection & Privacy Day Tomorrow
Karl Wabst

Google Faces European Probes on Wi-Fi Data - WSJ.com - 0 views

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    "Google Inc. co-founder Sergey Brin Wednesday said the Internet giant "screwed up" by collecting personal data through wireless networks and promised new oversight as European officials pledged to open investigations of the data collection. Authorities in Germany, Spain and Italy said Wednesday they were investigating Google and its Street View service, which uses camera-equipped vehicles to take street images and mark the location of Wi-Fi networks. Mr. Brin, speaking the same day at Google's developer conference in San Francisco, said the company would put "more internal controls in place" to prevent such data captures in the future, including the hiring of outside help. "Trust is very important to us," Mr. Brin said. "We're going to do everything we can to preserve that trust.""
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Karl Wabst

Triangle Center on Terrorism and Homeland Security - 0 views

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    Protecting National Security and Privacy: Approaches of New Administrations in the U.S. and Europe. In celebration of Data Privacy Day 2009, The Triangle Center on Terrorism and Homeland Security, along with Intel Corporation, hosted a Panel Discussion on The Future of Privacy and National Security. Participants included leading experts from the United States Departments of Homeland Security, Justice and State, the European Commission, the Council of European Union, and privacy experts from the private sector and academia. A PODCAST of this event is now available on iTunes U.
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Karl Wabst

French parliament unexpectedly kills Net piracy bill | Politics and Law - CNET News - 0 views

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    The French parliament on Thursday voted down an Internet piracy law, which had largely been expected to pass. The "Creation and Internet" law, which won the preliminary approval of the parliament last week, would compel Internet service providers to take graduated actions against customers accused of illegally downloading copyrighted material. After warning a customer against such actions for a third time, an ISP could suspend the person's Internet access for up to a year. Because the bill was expected to pass, few members of parliament were present for the final vote on the bill, according to the Associated Press. Opponents of the legislation, led by the Socialist party, rejected the measure by a vote of 21 to 15. The legislation had the support of the ruling UMP party, to which President Nicolas Sarkozy belongs, as well as the support of the Recording Industry Association of America. Backers of the bill intend to re-introduce an amended version within the coming weeks, according to reports. The entertainment industry has suggested to the United States' Congress that it should consider adopting European methods of combating copyright infringement. The United States, members of the European Union, and other countries may also consider making ISPs liable for infringement through international treaties.
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Karl Wabst

Opinion: What trumps privacy? - 0 views

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    We all like to think our privacy is absolute. But if your job involves working across borders, you'll want to talk about privacy as a matter of degree rather than as an uncompromising right. Why? Not only do you want to be seen as someone who can get things done globally, but you also may personally want to be part of advancing social objectives that are arguably as important as privacy. Have you ever had to re-architect your global rollout of PeopleSoft or Lawson because of European Union privacy concerns? Or adjust how your company offers technical support to medical products sold in Europe? Have you ever been part of acquiring a failing European company where the privacy of employee data was a final sticking point? If you've seen projects with obvious social benefit get held up by seemingly minor data-related questions, then you might have been running up against this notion of "nothing trumps privacy." It's a popular idea. The half-billion people of Europe do view privacy as a human right. And they're not the only ones. As one of the first acts of the UN, Eleanor Roosevelt and the U.S. delegation in 1948 lobbied for the global adoption of the Universal Declaration of Human Rights(UNDHR), whose Article 12 states, "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation." With Europe and the UN using absolute-sounding language to describe a right to privacy, it's no wonder we have all of these delayed and downsized corporate projects. People are legitimately concerned about our sometimes reckless march into the Information Age, and they want to put some brakes on it. But does privacy trump all foes? I can think of at least six other equally important social objectives that regularly put limits on privacy: 1. Personal health. We all want to stay healthy - even when we lose the ability to communicate and give consent. Emergency-room personnel need access t
Karl Wabst

Guidelines for Processing Personal Data Across Borders (January 2009) - 0 views

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    The Office of the Privacy Commissioner of Canada (OPC) has developed these guidelines to explain how the Personal Information Protection and Electronic Documents Act (PIPEDA) applies to transfers of personal information to a third party, including a third party operating outside of Canada, for processing. As the legislation itself states, PIPEDA is intended to "support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances…" This acknowledges that proper protection of personal information both facilitates and promotes commerce by building consumer confidence. Today's globally interdependent economy relies on international flows of information. These cross-border transfers do raise some legitimate concerns about where personal information is going as well as what happens to it while in transit and after it arrives at some foreign destination. Consumer confidence will be enhanced, and trust will be fostered, if consumers know that transfers of their personal information are governed by clear and transparent rules. There are different approaches to protecting personal information that is being transferred for processing. European Union member states have passed laws prohibiting the transfer of personal information to another jurisdiction unless the European Commission has determined that the other jurisdiction offers "adequate" protection for personal information.
Karl Wabst

E.U. Warns Internet Companies on User Privacy - NYTimes.com - 0 views

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    The use of data in the online world is being governed by the rules of the "Wild West," the European Commission will argue this week, in the clearest warning yet to Internet companies to curb how they use the information they collect on users. With concern growing over the amount of data gathered by the biggest players on the Internet, the comments will challenge the industry to agree on new principles for its use - or face a clampdown. Meglena Kuneva, the European consumer affairs commissioner, will argue that basic consumer rights are being violated by companies that profile and target consumers, according to a draft of a speech seen by the International Herald Tribune. "From the point of view of commercial communications," the draft speech reads, "the World Wide Web is turning out to be the world 'Wild West."' Kuneva is to deliver the speech to a meeting of around 200 industry and consumer representatives on Wednesday. Her comments reflect the anxiety of regulators on both sides of the Atlantic about the commercial use of information garnered through online tracking made possible via "cookies" - small files dropped into users' computers by the Web sites they visit. These cookies help companies take note of users' habits and can be sold to advertisers to help them target their marketing efforts. But their use raises serious questions about who knows which sites we visit and what they do with that information. In the United States, the chairman of the Federal Trade Commission, Jon Leibowitz, warned recently that, if the industry does not show it can protect users' privacy, it will invite legislation from Congress and a more regulatory approach from the F.T.C.
Karl Wabst

Online advertisers face tighter EU privacy laws | World news | guardian.co.uk - 0 views

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    The authorities in Brussels fired a warning shot across the bows of online advertisers today, signalling new rules to combat surfer profiling and breaches of privacy in the interests of commercial gain. In the strongest denunciation of the conduct of online advertisers, Meglena Kuneva, the European commissioner for consumer affairs, argued that personal data has become "the oil of the internet and the new currency of the digital world". She warned that surfers' privacy rights were being abused by the amassing of personal information and its supply to advertisers who targeted individuals who were often unaware of what was happening. "From the point of view of commercial communications the world wide web is turning out to be the world wild west. This could be very damaging," Kuneva told a meeting of industry professionals and analysts in Brussels. "Consumer rights must adapt to technology, not be crushed by it. The current situation with regard to privacy, profiling, and targeting is not satisfactory." The commissioner outlined European laws regulating the protection of privacy, commercial contracts, and countering discrimination, and indicated that the regulations were failing to keep up with the pace of developments on the internet. She called on the online advertising industry to come up with a voluntary code of conduct to protect consumer and privacy rights, but clearly signalled that the EU authorities would probably have to legislate to prevent abuses. The volume of personal data collected on the internet was growing exponentially and was increasingly being used for commercial purposes by tracking surfers' browsing habits, using cookies, and making the information available for individual profiling and targeting of consumers, she said.
Karl Wabst

The EU-US Safe Harbor Does Not Protect US Companies with Unsafe Privacy Practices - 0 views

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    "Recently, the Federal Trade Commission (FTC) has gotten tough with US companies that have not lived up to their own privacy promises to European consumers. In particular, it has filed complaints against seven US companies that claimed that they were adhering to the European Union's Safe Harbor Program, but allegedly were not. (The FTC issues or files a complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaints themselves are not a finding or ruling that the named parties have violated the law.) By taking action, the FTC has shown that the Safe Harbor program, as applied to US companies, is not a set of empty promises. Rather, the FTC is keeping watch over businesses and will sanction those that misrepresent their own policies. In this column, I will explain how the Safe Harbor program works, and also discuss the recent FTC enforcement actions."
Karl Wabst

FBI spyware used to nab hackers, extortionists | Politics and Law - CNET News - 0 views

  • he FBI has used a secret form of spyware in a series of investigations designed to nab extortionists, database-deleting hackers, child molesters, and hitmen, according to documents obtained by CNET News. One suspect used Microsoft's Hotmail to send bomb and anthrax threats to an undercover government investigator; another demanded a payment of $10,000 a month to stop cutting cables; a third was an alleged European hitman who was soliciting for business from a Hushmail.com account. CN
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    The FBI has used a secret form of spyware in a series of investigations designed to nab extortionists, database-deleting hackers, child molesters, and hitmen, according to documents obtained by CNET News. One suspect used Microsoft's Hotmail to send bomb and anthrax threats to an undercover government investigator; another demanded a payment of $10,000 a month to stop cutting cables; a third was an alleged European hitman who was soliciting for business from a Hushmail.com account. CNET News obtained the documents -- totaling hundreds of pages, although nearly all of them were heavily redacted -- this week through a Freedom of Information Act request to the FBI. The FBI spyware, called CIPAV, came to light in July 2007 through court documents that showed how the bureau used it to nab a teenager who was e-mailing bomb threats to a high school near Olympia, Wash. (CIPAV stands for Computer and Internet Protocol Address Verifier.) A June 2007 memo says that the FBI's Deployment Operations Personnel were instructed to "deploy a CIPAV to geophysically locate the subject issuing bomb threats to the Timberline High School, Lacy, Washington. The CIPAV will be deployed via a Uniform Resource Locator (URL) address posted to the subject's private chat room on MySpace.com."
Karl Wabst

FTC Takes Additional Safe Harbor-Related Enforcement Actions : Privacy & Information Se... - 0 views

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    "On October 6, 2009, the Federal Trade Commission ("FTC") announced proposed settlement agreements with six companies over charges that they falsely claimed membership in the U.S. Department of Commerce Safe Harbor program. In six separate complaints, the FTC alleged that ExpatEdge Partners LLC, Onyx Graphics, Inc., Directors Desk LLC, Collectify LLC, and Progressive Gaitways LLC deceived consumers by representing that they maintained current certifications to the Safe Harbor program when such certifications had previously lapsed. The terms of the proposed settlement agreements prohibit the companies from misrepresenting their membership in any privacy, security or other compliance program. The six enforcement actions are significant as they mark a considerable uptick in the FTC's enforcement related to the Safe Harbor program. The FTC recently brought its first enforcement action relevant to the program, which is detailed in our post titled FTC's First Safe Harbor Enforcement Action. The European Union Data Protection Directive requires EU Member States to implement legislation that prohibits the transfer of personal data outside the EU unless the EU has made a determination that the laws of the recipient jurisdiction are substantially equivalent to those of the EU, and thus provide "adequate" protection for personal data. Because the EU has determined that laws of the United States do not meet its adequacy standard, the U.S. Department of Commerce and the EU developed the Safe Harbor Framework, which went into effect in November 2000. The Safe Harbor Program allows participating U.S. companies under the jurisdiction of the FTC or the U.S. Department of Transportation to transfer personal data lawfully from the EU. To join the Safe Harbor, a company must self-certify to the U.S. Department of Commerce that it complies with seven principles that have been deemed to meet the EU's adequacy standard. To maintain its certification to the Safe Harbor
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