safe harbour


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safe harbour

an acceptable destination for protected data. In the law of data protection, European Union states require, in general, that data leaving the European Union should be handled correctly. This has been achieved so far as dealing with the United States is concerned, by their provision of a safe harbour. In the USA an organization may enter the ‘safe harbour’ in one of three ways: it can choose to join a private-sector privacy program whose members adhere to the safe harbour principles; it can self-certify its commitment to the safe harbour regime by enacting its own self-regulatory privacy policy; or, it can show that is already subject to a statutory, regulatory, administrative, or other body of law that provides adequate protection.
References in periodicals archive ?
As a result, it has not been necessary for the QFC to explicitly exclude recipients in compliance with the Safe Harbour Policy in a manner similar to that taken by the DIFC Commissioner.
Interestingly, ADGM issued its Data Protection Regulations on 21 October 2015 - just weeks after the relevant ECJ decision on the Safe Harbour Policy.
While the Safe Harbour decision allows limitations of protection when justified by national security, they must comply with the principles of proportionality and necessity.
After all, the purpose of the Safe Harbour was to provide EU data subjects with a higher level of protection than available under the law in the US, in order to meet EU standards of data protection.
At present, 2,850 US companies have signed up to Safe Harbour. Their identities can be publicly viewed via the Commerce Department's online Safe Harbour portal.
In March 2011, it took action against Google for breaching Safe Harbour when it launched its social networking site, Google Buzz.
Thus, to simplify the administration of transfer pricing, the OECD member countries would have to agree upon and implement uniform substantive safe harbour rules.
In addition, where the safe harbour rules of different countries differ, taxpayers may still need to resort to competent authority proceedings to resolve double taxation issues.
Many issues were raised in the submissions that were provided to the Treasury as part of the public consultation process surrounding the new safe harbour provisions.
The Safe Harbour Scheme, which was launched six months ago, is aimed at overcoming the difficulty through a system of certification indicating that a US firm meets the UK's privacy protection requirements.
Noting that Safe Harbour serves regional and national clients and is licensed in 25 states, Horowitz said the clients he serves encompass a wide array of industries, including real estate; manufacturing; transportation (courier, messenger and trucking companies); archives and record storage centers; medical malpractice; and chiropractic malpractice.
The draft safe harbour rules were placed in public domain along with Central Board of Direct Taxes (CBDT) Press Release on 14.08.2013 seeking comments of various stake holders.