The effects of the upcoming changes in EU Data Protection Laws on Safe Harbor

On 12th March 2014, the European Parliament adopted the Draft of a Proposal for a New Data Protection Regulation from 25th January 2012 that published the European Commission. This Proposal aims at adapting the existing EU Data Protection Directive 95/46/EC to the new threats and risks, as well as to establish stronger measures and higher fines in case of data breaches. The most important consequence for Non-European companies is that they will also be subject to the same rules as these in force in the EU when operating in EU markets. In some cases, it may be also mandatory to appoint a representative in the EU for the companies that are located outside the EU but offer services in the EU. The Committee on Civil Liberties, Justice and Home Affairs, a standing committee from the European Parliament, published a report on 21st February 2014, in which it recognizes the necessity to find new mechanisms to protect the private sphere of individuals, as U.S. Data Protection legal Framework and U.S. Safe Harbor are considered not to provide an adequate level of protection ...

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