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Safe Harbour


(Privacy) Shield or (Democlean) Sword?

(Privacy) Shield or (Democlean) Sword?

On 12th July 2016, the European Commission launched the long-awaited EU-U.S. Privacy Shield. The shield was born from the ashes of the Safe Harbour with the promise to restore trust through strong safeguards. However, many have considered this instrument stillborn for its failure to convince anyone but its creators of its adequacy, effectiveness and commitment to the level of protection and principles of data protection in the EU. The choice of vague legalese, the introduction of new actors of dubious legal value, and the general trend of seeking a solution to the effect rather than the cause of the problem have all created the feeling of a Damoclean Sword hanging over the ICT industry instead of a Shield protecting the rights and interests of both citizens and businesses.

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privacy personal data protection Safe Harbour Privacy Shield legislation Court of Justice of the EU


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